Hayward City Council
January 21, 2025

DATE: January 21, 2025

TO: Mayor and City Council

FROM: Director of Public Works

SUBJECT: Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Kimley-Horn in the Amount Not-to-Exceed $1,600,000 and Fehr & Peers in the Amount Not-to-Exceed $950,000 for Consulting Services for Phase 1 of the High Injury Network Safety Plan, Project No. 06942

RECOMMENDATION

That Council adopts a resolution (Attachment II) authorizing the City Manager to execute a professional service agreement with Kimley-Horn, Inc. in the amount of $1,600,000 and Fehr & Peers in the amount of $ 950,000 for the High Injury Network Safety Plan, Project No. 06942.

SUMMARY

On July 7, 2023, Staff applied to the U.S. Department of Transportation Safe Streets for All (SS4A) grant program to develop a Speed Management Plan and a High Injury Network Safety Plan, to help advance implementation of the City’s Local Road Safety Plan. On October 27, 2023, the City was awarded $3,252,000 in funding for these two projects, including $3,065,000 for the High Injury Network Safety Plan, which Council accepted on February 6, 2024 and allocated $813,000 in City matching funds to complete the two projects. On October 18, 2024, Staff published a request for proposal for Phase 1 of the High Injury Network Plan and received four proposals. The staff review panel ranked the Kimley-Horn Inc. proposal the highest and recommend awarding a contract for $1,600,000 to Kimley-Horn, Inc. and Fehr & Peers for $950,000 to prepare Phase 1 of the High Injury Network Safety Plan. The execution of this contract will allow the City to proceed with the development of the High Injury Network Safety Plan. The anticipated completion of Phase I of the plan is December 2026.

BACKGROUND

Launched in 2022, the purpose of the SS4A grant program is to improve roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through safety

action plan development and refinement and implementation focused on all users. The program provides funding to develop the tools to help strengthen a community’s approach to roadway safety and save lives while meeting the needs of diverse local, Tribal, and regional communities.

Council adopted the Local Road Safety Plan (LRSP) on June 27, 20231, which assesses and identifies locations and strategies to improve road safety throughout the City. Along with identifying the City’s High Injury Network, the LRSP recommends a set of strategies and countermeasures to address and prevent severe injury and fatal collisions. Council also committed to Vision Zero, a goal to eliminate fatalities and severe injuries on the City’s roadways by 2050.

Action Item 2 of the LRSP recommends the near-term action of pursuing SS4A grant funding. Recognizing the effort needed to achieve Vision Zero by 2050, the City applied for supplemental planning funds from SS4A to develop a comprehensive approach to reduce speeds (Speed Management Plan) and conduct a set of corridor-specific safety plans focused on the City’s high injury network. The Speed Management Plan will help address the LRSP focus area of unsafe speeding and aggressive driving, addressing the significant role that vehicle speed plays in generating serious injuries and fatalities.

On October 27, 2023, the City was awarded the full amount of the $3,252,000 requested in its application to the SS4A grant program. On February 6, 20242, Council adopted a resolution accepting the funding and allocating $813,000 in City matching funds.

The High Injury Network Safety Plan will consist of seven study locations. These locations are as follows: 1) Downtown Area, consisting of A Street from Foothill Boulevard, Mission Boulevard from A Street to Foothill Boulevard, and Foothill Boulevard from Mission Boulevard to A Street 2) A Street from Mission Boulevard to Hesperian Boulevard 3) B Street from Martin Luther King Drive to 4th Street, and 4) Tennyson Road from Hesperian Boulevard to Mission Boulevard 5) Hesperian Boulevard from A Street to City Limits, 6) Jackson Street from Santa Clara Street to Mission Boulevard 7) Mission Boulevard from Industrial Parkway W to Foothill Boulevard. The Downtown Area, A Street, B Street, and Tennyson Road will be completed as Phase 1 of the plan. Hesperian Boulevard, Jackson Street, and Mission Boulevard will be completed as Phase 2 of the plan and will be released as a separate RFP in the future.

DISCUSSION

Staff released an RFP for Phase 1 of the High Injury Network Safety Plan on October 18, 2024, and received proposals from four firms: Fehr & Peers, Kimley-Horn, DKS Associates & Associates, and Kittleson & Associates. The staff evaluation team reviewed and scored the proposals on project management & team leads, project understanding & approach, work plan & fee, qualification of firm/team. The two top-ranked firms had similar average

1 https://hayward.legistar.com/LegislationDetail.aspx?ID=6271751&GUID=D83F21F7-16CB-46E5-A249-672EAD37C991&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=6504747&GUID=E1C46D84-F953-4AAA-BB3F-E51DB7873759&Options=&Search=

ratings and staff invited both firms in for interviews. After conducting those interviews, the staff evaluation team reviewed and finalized their scores, with Kimley-Horn receiving the highest ranking of all firms followed by Fehr & Peers as second-highest. The table below provides the average score for each of the firms.

Firm Average Score
Kimley-Horn 86.00
Fehr & Peers 83.00
Kittleson & Associates 77.33
DKS Associates 66.00

After consideration of the project scope, submitted proposals, and interview performance, staff recommended that both Kimley-Horn and Fehr & Peers to be selected to deliver components of the Phase 1 project scope. Kimley-Horn’s scope would cover the A Street (from Hesperian Boulevard to Mission Boulevard), B Street (from Martin Luther King Drive to Watkins Street), and Tennyson Road portions of the plan, while Fehr & Peers would cover the Downtown Area.

Selecting both Kimley-Horn and Fehr & Peers for the project provides several advantages to the City, including increased staff capacity, significant experience working at Federal, State, and local levels to develop and implement best practices in developing and designing multimodal corridor safety plans, and direct experience conducting outreach and engagement on transportation safety issues in the City. Staff also recommend separating out the Downtown area due to the significant resident focus on this area due to the impact of regional traffic on businesses and the more detailed analysis required to evaluate potential modifications to the Loop. Staff recommends expanding the scope of the Downtown project to include surrounding streets (such as Foothill Blvd, B St, and C St) that will also be impacted by changes to the Loop.

The execution of this contract will allow the City to proceed with the development of the High Injury Network Safety Plan. The anticipated completion of Phase I of the plan is December 2026.

ECONOMIC IMPACT

The High Injury Network Safety Plan will develop comprehensive design concepts for the Downtown Area, A Street, B Street, and Tennyson Road, which when implemented, will help reduce the likelihood of serious injuries and fatalities. Vehicle crashes have a significant economic cost, both to those directly impacted and to other users of the transportation system. By helping to avoid these impacts, the High Injury Network Plan will have a significant economic benefit for Hayward residents and visitors.

FISCAL IMPACT

The High Injury Network Safety Plan is primarily funded by a grant from the USDOT SS4A program ($3,252,000). Staff negotiated a cost with Kimley-Horn of $1,600,000, including contingency for additional potential data collection, analysis, and outreach, for the A St, B St, and Tennyson Rd corridors studies. Staff negotiated a cost with Fehr & Peers of $950,000, including contingency for additional potential data collection, analysis, and outreach, to develop the Downtown area study.

Council has previously authorized allocation of a total of $3,330,000 from Fund 460, Transportation System Improvement, to complete this portion of the Plan, including $765,000 in City matching funds for FY25 through FY28. In addition to the High injury Network Safety Plan, Council previously approved $480,000 for Project no. 05237 Downtown Specific Plan Implementation Project in Fund 215, Measure B (Local Transportation) Fund. The City will utilize both Fund 460 and $300,000 of Project no. 05237 in Fund 215 to complete the Downtown area scope of work.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority to Enhance Community Safety & Quality of Life and the Strategic Priority to Invest in Infrastructure. This item is not specifically related to a project identified in the Strategic Roadmap. Staff is bringing forward this new item to advance implementation of the Council adopted Local Road Safety Plan.

SUSTAINABILITY FEATURES

The High Injury Network Safety Plan will help the City implement strategies to increase traffic safety in the City which will reduce the incidence and severity of vehicle crashes.

PUBLIC CONTACT

The Local Road Safety Plan included community engagement, including Council review and acceptance of the strategy to reduce speeds as a core strategy to improve roadway safety in Hayward. The Speed Management Plan will include coordination with internal and external stakeholders and work session and ultimate Council consideration of the plan’s approval.

NEXT STEPS

If Council approves this request, the City Manager will execute two separate professional service agreements with Kimley-Horn and Fehr & Peers for Phase 1 of the High Injury Network Safety Plan in a not-to-exceed amount of $1,600,000 and $ 950,000, respectively.

Prepared by: Byron Tang, Senior Transportation Engineer Hugh Louch, Deputy Public Works Director – Transportation

Recommended by: Alex Ameri, Director of Public Works

Approved by:

_______________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _________

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH KIMLEY -HORN IN THE AMOUNT NOT -TO- EXCEED $1,600,000 AND FEHR & PEERS IN THE AMOUNT NOT -TO-EXCEED $950,000 FOR CONSULTING SERVICES FOR PHASE 1 OF THE HIGH INJURY NETWORK SAFETY PLAN, PROJECT NO. 06942 AND FOR THE DOWNTOWN SPECIFIC PLAN IMPLEMENTATION, PROJECT NO. 05237

WHEREAS, professional service assistance is needed for Phase 1 of the High Injury Network Safety Plan, Project No. 06942 and the Downtown Specific Plan Implementation, Project No. 05237; and

WHEREAS, the High Injury Network Safety Plan will help develop strategies to implement the Hayward Local Road Safety Plan and Vision Zero policy; and

WHEREAS, on October 18, 2024, four (4) valid proposals were received and then evaluated for the most qualified pr oposal. Kimley -Horn was ranked the highest with an average score of 86/100 and Fehr & Peers was ranked second -highest with an average score of 83/100 based on criteria established in the Request for Proposal 25-024; and

WHEREAS, the negotiated cost propo sal is in the amount of $1,600,000 for Kimley - Horn and $950,000 for Fehr & Peers.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Council hereby authorizes the City Manager to execute two separate professional services agreements with Kimley -Horn in a not -to-exceed amount $1,600,000 and Fehr & Peers in a not-to-exceed amount $950,000 for consulting services, in a form to be approved by the City Attorney.

IN COUNCIL, HAYWARD, CALIFORNIA , 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: CONS 25-030
DATE: January 21, 2025
TO: Mayor and City Council
FROM: City Manager
SUBJECT:

Adopt a Resolution Ratifying Updates to the Mayor’s Council Appointments List

RECOMMENDATION
That Council adopts a resolution (Attachment II) ratifying updates to the Council Appointments List (Attachment III).

SUMMARY
On December 10, 2024, Council adopted a resolution acknowledging the receipt of and declaring the results of the City Council Election for four (4) of the City’sCouncil Members. As is customary after an election year, Mayor Salinas reviewed the Council Appointments List and has put forth the attached adjustments. Attachment III shows the full list of appointments with the adjustments highlighted in yellow. Per the Council Handbook, staff is seeking Council ratification of the Council Appointments List by passing the attached resolution (Attachment II).

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III 2025 Mayor’s Council Appointments List
CITY OF HAYWARD Printed on 1/16/2025Page 1 of 1
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DATE: January 21, 2025

TO: Mayor and City Council

FROM: City Manager

SUBJECT: Adopt a Resolution Ratifying Updates to the Mayor’s Council Appointments List

RECOMMENDATION

That Council a dopts a resolution (Attachment II) ratifying updates to the Council Appointments List (Attachment III).

SUMMARY

On December 1 0, 202 4, Council adopted a resolution acknowledging the receipt of and declaring the results of the City Council Election for four (4) of the City’s Council Members. As is customary after an election year, Mayor Salinas reviewed the Council Appointments List and has put forth the attached adjustments. Attachment III shows the full list of appointments with the adjustments highlighted in yellow . Per the Council Handbook, staff is seeking Council ratification of the Council Appointments List by passing the attached resolution (Attachment II).

DISCUSSION

The Council Handbook states the following about the process for Council Appointments, which includes the City Council considering and ratifying the Mayor’s List via a Consent item:

“It shall be the prerogative of the Mayor, taking into consideration relative length of Council service, individual Council Member preference and equivalency, to assign individual Council Members to these various committees. Normally appointments are for a two-year period but may be renewed at the Mayor's discretion where Council Members have particular experience or expertise with respect to the business of a particular committee.

Upon the Mayor’s selection, the City Council will consider ratification of the Mayor’s Council Appointments List via a Consent item. If terms coincide with the Mayor’s appointments, the item will also include resolutions appointing members Alameda County Abatement District Board of Trustees and the Bay Area Water Supply and Conservation Agency and the San Francisco Bay Area Regional Water System Financing Authority Boards of Directors.”

On December 10, 2024, Council adopted a resolution acknowledging the receipt of and declaring the results of the City Council Election for four (4) of the City’s Council Members. As is customary after an election year, Mayor Salinas has put forth the attached adjustments to the Council Appointments List (Attachment III).

FISCAL IMPACT

There is no fiscal impact as a result of this action.

Prepared by: Kris Bondoc, Executive Assistant to the Mayor & Council

Approved by:

________________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-_____

Introduced by Council Member ____________

RESOLUTION RATIFYING THE MAYOR’S COUNCIL APPOINTMENTS AS

SHOWN IN THE ATTACHE D COUNCIL APPOINTMENTS LIST , DATED JANUARY 21, 2025

WHEREAS, on December 10, 2024, Council adopted a resolution acknowledging the receipt of and declaring the results of the City Council Election for four (4) of the City’s Council Members; and

WHEREAS, according to the Council Handbook, i t shall be the prerogative of the Mayor to assign individual Council Members to these various committees; and

WHEREAS, also according the Council Handbook , the City Council will consider ratification of the Mayor’s Council Appointments List via a Consent item.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Hayward that the attached Council Appointments List, dated January 21, 2025 is hereby ratified.

IN HAYWARD, CALIFORNIA, January 21, 2025

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST:_____________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

Attachment III

Council Appointments List (effective 1/21/25)
Appointed by Mayor Every Two Years or as Needed

COUNCIL’S APPOINTED OFFICERS COMMITTEE - As Needed, City Hall, Conference Room 4A  Mark Salinas
 Julie Roche
 Dan Goldstein
 Staff: Regina Youngblood, Assistant City Manager 510-583-4304

COUNCIL’S BUDGET & FINANCE COMMITTEE - Monthly, 3rd Wednesday of the month @ 5:30pm, City Hall , Conference Room 2A
 Mark Salinas
 Ray Bonilla, Jr.
 George Syrop
 Staff:

COUNCIL ECONOMIC DEVELOPMENT COMMITTEE - Monthly on the 1st Monday of the month @ 5:30PM, City Hall, Conference Room 2A
 Mark Salinas
 Ray Bonilla, Jr.
 Angela Andrews
 Staff: Paul Nguyen, Chief Economic Development Officer 510-583-5546 & Ana Alvarez,, City Manager 510-583-4300

COUNCIL’S HOMELESSNESS-HOUSING TASK FORCE – Quarterly on the 3rd Thursday (March, June , September, December) @ 6:00PM., City Hall, Conference Room 2A
 Mark Salinas
 George Syrop
 Dan Goldstein
 Staff: Christina Morales, Deputy Director of Development Services 510-583-4243 & Dustin Claussen, Assistant City Manager, 510-583-4302

COUNCIL’S INFRASTRUCTURE & AIRPORT COMMITTEE - Bi-Monthly on the 4th Wednesday (February, April, June, August, October, December) @ 5:30PM, City Hall, Conference Room 2A or Hayward Airport  Mark Salinas
 Angela Andrews
 George Syrop
 Staff: Alex Ameri, Director of Public Works, 510-583-4720

Delegates to Oakland Airport-Community Noise Management Forum:
 Elected Member: Mayor Mark Salinas Citizen Member: Edward Bogue

COUNCIL’S PUBLIC SAFETY COMMITTEE – Bi-Monthly on the 4th Wednesdays (January, March, May, July, September, November) @ 5:30PM, Conference Room 2A
 Mark Salinas
 Julie Roche
 Ray Bonilla, Jr.
 Staff: Ana Alvarez /Dustin Claussen, 510-583-4300

COUNCIL’S SUSTAINABILITY COMMITTEE - Typically meets the 2nd Monday (January, March, May, July, September, and November) @ 5:00PM, City Hall, Conference Room 2A  Francisco Zermeño
 Dan Goldstein
 Julie Roche
 Staff: Alex Ameri, Director of Public Works, 510-583-4720

COUNCIL LIAISON TO
BOARDS, COMMISSIONS AND COMMITTEES (EFFECTIVE 1/21/25)
Appointed by Mayor Every Two Years or as Needed

COMMUNITY SERVICES COMMISSION
Ray Bonilla, Jr.

3rd Wednesday of the month @ 7:00PM – City Hall, Conference Room 2A Staff: Amy Cole-Boom, Community Services Manager, 510-583-4201

LIBRARY COMMISSION
Julie Roche

3rd Monday of the month @ 6:30PM – Main Library – Main Meeting Room Staff: Jayanti Addleman, Library Director, 510-881-7956

PERSONNEL COMMISSION
George Syrop

2nd Thursday quarterly of the month March, June, September, December @ 5:30PM – City Hall, Conference Room 2A
Staff: Brittney Frye, Director of Human Resources, 510-583-4544

YOUTH COMMISSION
Mark Salinas

2nd Mondays of the month (Sept – May) @ 6:30pm, City Hall, Conference Room 2A No meetings July – August
Staff: Ivan Padilla, Lead Program Assistant, Office: 510-583-5382 Cell: 510-427-1649

KEEP HAYWARD CLEAN & GREEN TASK FORCE
Angela Andrews

4th Thursday of the month @ 7:00PM – City Hall, Conference Room 2A Staff: Todd Rullman, Director of Maintenance Services, 510-881-7746

COUNCIL LIAISON COMMITTEES
ALAMEDA COUNTY AGENCIES AND OTHER ORGANIZATIONS (EFFECTIVE 1/21/25) Appointed by Mayor Every Two Years or as Needed

AC TRANSIT INTER-AGENCY LIAISON COMMITTEE – QUARTERLY
 Francisco Zermeño - Delegate
 George Syrop – Delegate

ALAMEDA COUNTY MOSQUITO ABATEMENT DISTRICT – Monthly on the 2nd Wednesday @ 5:00 PM - Hayward  George Syrop – Delegate

ALAMEDA COUNTY TRANSPORTATION COMMISSION – Monthly on the 4th Thursday @ 2:00 PM - Oakland  Mark Salinas – Delegate
 Julie Roche – Alternate

ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY – Monthly on the 4th Wednesday @ 3:00 PM - Oakland  Francisco Zermeño – Delegate
 Dan Goldstein – Alternate

ASSOCIATION OF BAY AREA GOVERNMENTS - General Assembly – Biannual; usually in April and October - SFO  Francisco Zermeño – Delegate
 Julie Roche – Alternate

AVA COMMUNITY ENERGY JOINT POWERS AUTHORITY (ACE JPA) – Monthly on the 3rd Wednesday @ 6:00 PM – Hybrid or Lake Merritt Room, CSUEB, The Oakland Center in Transpacific Centre  Julie Roche – Delegate
 Dan Goldstein – Alternate

BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD) -
 Mark Salinas

BAY AREA WATER SUPPLY & CONSERVATION AGENCY - Bi-monthly on the 3rd Thursday beginning in January @ 6:30 PM – at a location central to the three-county district, and not necessarily the same location each month.  Angela Andrews – Delegate (4 Year Term: July 1, 2021 – June 30, 2025)

EAST BAY DISCHARGERS JOINT POWERS AUTHORITY - Monthly on the 3rd Thursday @ 4:00 PM – San Lorenzo  Angela Andrews – Delegate
 Julie Roche – Alternate

HAYWARD AREA SHORELINE PLANNING AGENCY (HASPA) – Quarterly on the 2nd Thursday (Jan, Apr, July, Oct) @ 3:00 PM Hayward Shoreline Interpretive Center, 4901 Breakwater Ave., Hayward, CA 94545.  Francisco Zermeño – Delegate
 Ray Bonilla, Jr. – Alternate

HAYWARD LOCAL AGENCIES COMMITTEE – Quarterly on the 2nd Thursday @ 4:30 PM - Hayward City Hall, Conference Room 2A (February, April, July and October)
 Mark Salinas – Delegate
 Julie Roche – Delegate

COUNCIL LIAISON COMMITTEES
ALAMEDA COUNTY AGENCIES AND OTHER ORGANIZATIONS CONT. (EFFECTIVE 1/21/25) Appointed by Mayor Every Two Years or as Needed

HOUSING AUTHORITY OF THE COUNTY OF ALAMEDA – Monthly on the 2nd Wednesday @ 8:00 AM - Hayward  Dan Goldstein– Delegate
 Mark Salinas – Alternate

LEAGUE OF CALIFORNIA CITIES EAST BAY DIVISION – Monthly on the 4th Thursday @ 6:30 PM Various Locations in Alameda County
 Mark Salinas - Delegate
 George Syrop – Alternate

SAN FRANCISCO BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY– Biannual in January & July - during the BAWSCA meeting – Foster City
 Angela Andrews – Delegate

SOUTH HAYWARD FAMILY CENTER PROJECT GOVERNANCE GROUP – As needed  Mark Salinas – Delegate

VOLUNTEER COMMITTEE (NON-OFFICIAL) – As needed
 Mark Salinas – Delegate

MARTIN LUTHER KING JR. COMMITTEE (NON-OFFICIAL) – As needed  Mark Salinas – Delegate

CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 25-001
DATE: January 21, 2025
TO: Mayor and City Council
FROM: Development Services Director

SUBJECT
Implementation of the Hayward 2023-2031 Housing Element: Adoption of a Resolution and Introduction of an Ordinance Regarding Implementation of the Hayward 2023-2031 Housing Element; Public Hearing on Proposed Zoning Text Amendments to Hayward Municipal Code Chapter 10 (Planning, Zoning and Subdivisions), Article 1 (Zoning Ordinance), Article 2 (Off-Street Parking Regulations), Article 24 (Mission Boulevard Code) and Article 28 (Downtown Development Code) and Finding that no Further Environmental Review is Required Pursuant to the California Environmental Quality Act (CEQA) (Report from Development Services Director Buizer)

RECOMMENDATION
That the City Council introduce the attached Ordinance (Attachment III) to approve the proposed Text Amendments to the Hayward Municipal Code Chapter 10, Article 1, 2, 24, and 28 (Planning, Zoning and Subdivisions) associated with the implementation of Hayward 2023-2031 Housing Element Actions, pursuant to the accompanying Resolution (Attachment II) and upon determining that no further environmental review is required pursuant to the California Environmental Quality Act.

SUMMARY
On February 7, 2023, the City Council adopted the Hayward 2023-2031 Housing Element, which contained goals, policies, programs, and actions to help Hayward meet its housing needs for individuals at all income levels. This project aims to fulfill several Housing Element actions related to supportive housing to remain in compliance with state housing law and to expand housing options for Hayward’s unhoused and other vulnerable populations.

In October 2024, the City Council and Planning Commission held work sessions on this topic and provided feedback on staff’s draft regulations. City Council and Planning Commission were generally supportive of the recommendations but directed staff to explore allowing temporary restroom facilities for Safe Parking and requiring bicycle parking for the proposed uses. They also asked several questions about hotel conversions, the Administrative Use Permit process, public outreach and enforcement. The draft regulations were also available for public review from September 24, 2024, through October 21, 2024. All public comments received during the public comment period and staff responses are available in Attachment V. Based on that feedback, Staff revised the zoning amendments accordingly, which are CITY OF HAYWARD Printed on 1/16/2025Page 1 of 2
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File #:PH 25-001
in Attachment V. Based on that feedback, Staff revised the zoning amendments accordingly, which are summarized below:
· Clarify Permitted Use definition to be inclusive of “By-Right” uses. · Revise Dwelling Unit definition to clarify units are permanent. · Require one short-term bicycle parking space per every ten sleeping units and one long-term bicycle parking space per every four sleeping units for SROs. · Revise Safe Parking Definition to clarify it allows individuals to sleep within their vehicles and add a cross-reference to the Vehicle definition.
· Clarify that all safe parking vehicles shall be parked within striped parking spaces. · Allow temporary bathroom facilities for safe parking operations. · Revise Emergency Shelter definition to clarify it is for individuals experiencing homelessness. · Clarify that Emergency Shelters shall be more than 300 feet from one another.

On December 12, 2025, the Planning Commission voted 7-0 to recommend the City Council approve the proposed zoning amendments with modifications to require a Conditional Use Permit for safe parking, create a neighborhood accountability group to explore impacts related to supportive housing development, add a definition for homeless which includes housing insecurity and fix miscellaneous typographical errors. Staff’s recommendation remains that safe parking be permitted with an Administrative Use Permit, rather than a Conditional Use Permit, which is reflected in the zoning amendments (Attachment III). Additionally, creation of a neighborhood accountability group is outside the scope of this project which is related to amendments to the Municipal Code. However, Staff did revise the amendments to add a definition for homeless and fix the miscellaneous typographical errors as recommended by the Planning Commission.

ATTACHMENTS
Attachment I Staff Report
Attachment II Resolution
Attachment III Ordinance
Attachment III, Exhibit A Chapter 10, Article 1 Zoning Amendments Attachment III, Exhibit B Chapter 10, Article 2 Zoning Amendments Attachment III, Exhibit C Chapter 10, Article 24 Zoning Amendments Attachment III, Exhibit D Chapter 10, Article 28 Zoning Amendments Attachment IV Land Use Maps
Attachment V Response to Public Comments
Attachment VI Letters of Support
CITY OF HAYWARD Printed on 1/16/2025Page 2 of 2
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DATE: January 21, 2025

TO: Mayor and City Council

FROM: Development Services Director

SUBJECT: Implementation of the Hayward 2023 -2031 Housing Element: Adoption of a Resolution and Introduction of an Ordinance Regarding Implementation of the Hayward 2023 -2031 Housing Element; Public Hearing on Proposed Zoning Text Amendments to Hayward Municipal Code Chapter 10 (Planning, Zoning and Subdivisions), Article 1 (Zoning Ordinance), Article 2 (Off -Street Parking Regulations), Article 24 (Mission Boulevard Code) and Article 28 (Downtown Development Code) and Finding that no Further Environmental Review is Required Pursuant to the California Environmental Quality Act (CEQA)

RECOMMENDATION

That the City Council Introduce an Ordinance (Attachment III) to approve the proposed Text Amendments to the Hayward Municipal Code Chapter 10, Article 1, 2, 24, and 28 (Planning, Zoning and Subdivisions) associated with the implementation of Hayward 2023-2031 Housing Element Actions, pursuant to the accompanying Resolution (Attachment II) making findings in support of the text amendments and determining that no further environmental review is required pursuant to the California Environmental Quality Act.

SUMMARY

On February 7, 2023, the City Council adopted the Hayward 2023 -2031 Housing Element, which contained goals, policies, programs, and actions to help Hayward meet its housing needs for individuals at all income levels. This project aims to fulfill several Housing Element actions related to supportive housing to remain in compliance with state housing law and to expand housing options for Hayward’s unhoused and other vulnerable populations.

In October 2024, the City Council1 and Planning Commission2 held work sessions on this topic and provided feedback on Staff’s draft regulations. The City Council and Planning Commission were generally supportive of the recommendations but directed staff to explore allowing temporary restroom facilities for Safe Parking and requiring bicycle parking for the proposed uses. They also asked several questions about hotel conversions, the Administrative Use Permit

1 October 15, 2024 City Council Work Session: https://hayward.legistar.com/LegislationDetail.aspx?ID=6892956&GUID=4DDBC601-F514- 4271-9A83-2FA274C848DC&Options=&Search=
2 October 10, 2024 Planning Commission Work Session: https://hayward.legistar.com/LegislationDetail.aspx?ID=6884218&GUID=F2BC543F- E535-44BB-B452-4B67E38D8A1F&Options=&Search=

process, public outreach and enforcement. The draft regulations were also available for public review from September 24, 2024, through October 21, 2024. All public comments received during the public comment period and staff responses are available in Attachment V. Based on that feedback, Staff revised the zoning amendments accordingly, which are summarized below:

 Clarify Permitted Use definition to be inclusive of “By-Right” uses.  Revise Dwelling Unit definition to clarify units are permanent.  Require one short-term bicycle parking space per every ten sleeping units and one long- term bicycle parking space per every four sleeping units for SROs.  Revise Safe Parking Definition to clarify it allows individuals to sleep within their vehicles and add a cross-reference to the Vehicle definition.  Clarify that all safe parking vehicles shall be parked within striped parking spaces.  Allow temporary bathroom facilities for safe parking operations.  Revise Emergency Shelter definition to clarify it is for individuals experiencing homelessness.
 Clarify that Emergency Shelters shall be more than 300 feet from one another.

On December 12, 20243, the Planning Commission voted 7-0 to recommend the City Council approve the proposed zoning amendments with modifications to require a Conditional Use Permit for safe parking, create a neighborhood accountability group to explore impacts related to supportive housing development, add a definition for homeless which includes housing insecurity and fix miscellaneous typographical errors. Staff’s recommendation remains that safe parking be permitted with an Administrative Use Permit, rather than a Conditional Use Permit, which is reflected in the zoning amendments (Attachment III). Additionally, the creation of a neighborhood accountability group is outside the scope of this project which is related to amendments to the Municipal Code. However, staff did revise the amendments to add a definition for homeless and fix the miscellaneous typographical errors as recommended by the Planning Commission.

BACKGROUND

The State of California is in a housing and shelter cris is with more than 171,000 people experiencing homelessness daily. The California Statewide Study of People Experiencing Homelessness4, published by the University of California San Franscisco in June 2023, noted that California’s unhoused population is predominately minorities and individuals over 40 years old; that most individuals experiencing homelessness reported a period in their life where they experienced a serious mental health condition ; and, that the median length of homelessness is 22 months. Based upon the 2024 Point-In-Time (PIT) Count 5, there are approximately 512 people experiencing homelessness in Hayward, which is up 30% from 2022.

3 December 12, 2024 Planning Commission Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=7044061&GUID=462738B5- FB2F-4DFD-819E-9117DA90DAD4&Options=&Search=
4 The California Statewide Study of People Experiencing Homelessness: https://homelessness.ucsf.edu/our-impact/studies/california- statewide-study-people-experiencing-homelessness
5 January 2024 Point-In-Time Count: https://everyonehome.org/main/continuum-of-care/point-in-time-count-2024/

The City of Hayward has adopted several Plans and Resolutions aimed at addressing this crisis, including the Hayward 2023-2031 Housing Element6. The Housing Element was adopted by the City Council on February 7, 20237, and is composed of goals, policies, programs, and actions to help our community meet its housing needs. This project aims to fulfill the following actions to remain in compliance with State housing law and expand supportive housing options for Hayward’s unhoused population:

 Action 13.1: Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock. This may include allowing shelters, transitional housing and tiny homes with wraparound services on site at churches, social services agencies/nonprofits that do this work in the community and on publicly owned land. The City will promote other types of alternative housing options including single room occupancy developments or conversions, group homes, and by -right permanent supportive housing. The City has the goal of completing five tiny home developments, single -room occupancy developments, supportive housing developments, emergency shelters, transitional housing development and/or conversions in the planning period as indicated i n the recently certified Housing Element.
 Action 13.3: Assess and amend the Hayward Municipal Code (HMC) as needed to allow Supportive Housing as a “by-right” use where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 656518.
 Action 13.4: Evaluate the permit process for group homes of seven or more persons and amend the HMC to include a set of objective standards to provide certainty to applicants through the permitting process. Evaluate the potential of allowing this use through the Administrative Use Permit process or allow “by-right” subject to objective standards.  Action 13.5: Amend the HMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A)9.
 Action 13.6: Amend the HMC to comply with California Government Code section 6566210 which requires a Low Barrier Navigation center to be a use by-right in areas zoned for mixed-use and non-residential zones permitting multifamily uses, provided specific legal requirements are met.
 Action 13.7: Amend the HMC to allow tiny homes and emergency shelters on church and publicly owned properties.
 Action 19.11: Explore funding and feasibility options for safe parking and safe camping programs to provide additional safe, secure, and sanitary options for individuals and families experiencing homelessness.

6 Hayward 2023-2031 Housing Element: https://www.hayward-ca.gov/your-government/documents/planning-documents 7 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016046&GUID=4F497BC8-5C65-474C- 8E6E-7447DA88EFEA&Options=&Search=
8 California Government Code Section 65651:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65651&lawCode=GOV 9 Government Code Section 65583, Subdivision (a)(4)(A):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583&lawCode=GOV 10 California Government Code Section 65662:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65662.&lawCode=GOV

In addition to the Housing Element, the City Council adopted the Let’s House Hayward Strategic Plan on July 13, 202111. This Plan identified goals and strategies to achieve Hayward’s vision of being a leader in ending homelessness through accessible, dignified treatment and services.

Many of these goals and strategies served as the basis for actions within the Housing Element.

The City Council also adopted the five emergency Resolutions (Res 18-02712, Res 19-0413, Res 21-02614, Res 23 -02815, and Res 24 -02516) to su pport the operation and construction of supportive housing. Many of these Resolutions include the t emporary suspension of local planning and zoning regulation s as they currently represent barriers to meaningfully and creatively serving our unhoused population.

The HMC allows a variety of housing options in the residential, commercial, and mixed-use zoning districts. However, the HMC only currently allows a few specific types of supportive housing uses (i.e. group homes, convalescent homes, SROs and homeless shelters) in limited areas, the uses are not clearly defined, and there are few, if any, operational or performance standards (i.e. number of residents, security measures, on-site management, length of stay, etc.) applicable to the uses, which the zoning amendments intends to remedy.

PUBLIC CONTACT

The public outreach for this project builds upon outreach and feedback efforts associated with the Hayward 2023-2031 Housing Element. A detailed description of those efforts can be found in the City Council adoption hearing staff report17.

In May 2024, staff held five stakeholder meetings to gather input from local service providers, affordable housing developers, educational facilities and faith -based organizations to understand best practices and recommendations in the field of supportive housing. A total of 74 organizations were invited to attend and ten organizations participated in these meetings.

Further, staff from the City of Hayward Community Services, Housing, Maintenance Services, Fire, Police, Building, Water Pollution Source Control and Utilities departments also provided input at a series of internal meetings. Following those meetings, staff gathered preliminary

11 July 13, 2021 City Council Public Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=5028014&GUID=E5369F11-C504-413E- B317-E2797DF45328&Options=&Search=
12 October 2, 2018 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=3690554&GUID=A8DF0FBF-2F19-4648- 8632-2BFE62A97107&Options=&Search=
13 January 22, 2019 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=3838800&GUID=89EC3945-8050-428A- 881C-6180A91CBA9A&Options=&Search=
14 February 23, 2021 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=4803667&GUID=7C811874-F8C6-4590- 9385-736AD8D65638&Options=&Search=
15 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016044&GUID=969B2045-A073-4043- 90BB-1659E2882811&Options=&Search=
16 January 30, 2024 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6497824&GUID=27C372BA-05E2-4727- B184-0EB72948365B&Options=&Search=
17 February 7, 2023 City Council Hearing: https://hayward.legistar.com/LegislationDetail.aspx?ID=6016046&GUID=4F497BC8-5C65-474C- 8E6E-7447DA88EFEA&Options=&Search=

feedback from the Planning Commission18 and City Council19 at work sessions in June 2024 prior to drafting the regulations.

In September 2024, staff shared the draft regulations with stakeholders and internal staff. The draft regulations were also presented at work sessions with the Planning Commission20 and City Council21 on October 10, 2024, and October 15, 2024, respectively, and available for public review from September 24, 2024, through October 21, 2024. All public comments received during the public comment period, along with staff responses, are available in Attachment V.

To date, staff has received one letter of support on the proposed zoning amendments which can be found in Attachment VI.

DISCUSSION

Based upon the feedback received, staff is recommending several zoning amendments related to expanding supportive housing. The overall goal of these recommendations is to create a spectrum of housing to serve a variety of populations with different needs. Recommendations include amendments to the Zoning Ordinance 22, Off -Street Parking Regulations23, Mission Boulevard Code 24 and Downtown Development Code 25. All revisions to the regulations following the October Work Sessions can be found in the “ New or Revised Regulations ” subsection within each section.

General Clean-Up: The regulations related to general clean up are described below and can be found in Attachment III, Exhibit A -D. These following revisions aim to ensure Hayward’s residential zoning regulations are clear, internally consistent and compliant with State Law:

 Add or revise definitions for the following terms: Single Room Occupancy, Safe Parking, Group Homes, Convalescent Facility, Psychiatric and Rehabilitation Facility, Emergency Shelter, Low Barrier Navigation Center, Live/Work, Dwelling Unit, Sleeping Unit, Housing for Individuals with Disabilities, and Vehicle.  Remove Boarding Home, and Fraternity/Sorority uses.
 Add Dormitory use to the Central City-Residential (CC-R), Central City-Plaza (CC-P), Mission Boulevard -Corridor Neighborhood (MB -CN), Mission Boulevard - Neighborhood Node (MB-NN), Mission Boulevard -Corridor Center (MB -CC), Urban

18 June 27, 2024 Planning Commission Work Session: https://hayward.legistar.com/LegislationDetail.aspx?ID=6731748&GUID=5F887A2B- F4FA-4C9F-AC97-CD4E1B130FF9&Options=&Search=
19 June 25, 2024 City Council Work Session: https://hayward.legistar.com/LegislationDetail.aspx?ID=6734718&GUID=529789D5-ED06-4719- 98DB-AD00E7DB602A&Options=&Search=
20 October 10, 2024 Planning Commission Work Session:
https://hayward.legistar.com/LegislationDetail.aspx?ID=6884218&GUID=F2BC543F-E535-44BB-B452-4B67E38D8A1F&Options=&Search= 21 October 15, 2024 City Council Work Session: https://hayward.legistar.com/LegislationDetail.aspx?ID=6892956&GUID=4DDBC601-F514- 4271-9A83-2FA274C848DC&Options=&Search=
22 HMC Section 10-1, Zoning Ordinance:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART1ZOOR 23 HMC Section 10-2, Off-Street Parking Regulations:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART2OREPARE 24 HMC Section 10-24, Mission Boulevard Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART24MIBOCO 25 HMC Section 10-28, Downtown Development Code:
https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH10PLZOSU_ART28DECO

Neighborhood (UN), Downtown-Main Street (DT-MS), and Urban Center (UC) zoning districts with the approval of an Administrative Use Permit.  Combine Live/Work and Artist’s Loft into one use.
 Allow Low Barrier Navigation Centers in all mixed use and nonresidential zon ing districts permitting multifamily uses , including Neighborhood Commercial ( CN), Neighborhood Commercial-Residential (CN-R), General Commercial (CG), Commercial Office ( CO), Limited Access Commercial ( CL), Central Business ( CB), Central City - Commercial (CC-C), Central City-Residential (CC-R), Central City-Plaza (CC-P), Mission Boulevard-Corridor Neighborhood (MB-CN), Mission Boulevard- Neighborhood Node (MB-NN), Mission Boulevard -Corridor Center (MB -CC) Neighborhood Edge ( NE), Neighborhood General (NG), Urban Neighborhood (UN), Urban Neighborhood-Limited (UN-L), Downtown Main Street (DT-MS), and Urban Center (UC) by right in accordance with Government Code section 6566226.
 Add standards for a Low Barrier Navigation Center in accordance with Government Code section 65662.
 Revise housing types within the Off-Street Parking Regulations to be consistent with the Zoning Ordinance.

New or Revised Regulations
 Revise Permitted Use definition to be inclusive of “By-Right” uses.  Revise Dwelling Unit definition to clarify units are permanent.  Add Homeless definition that aligns with U.S. Department of Housing and Urban Development (HUD) definition.
 Revise miscellaneous typographical errors.

Single Room Occupancy (SROs): The regulations related to SROs are described below and can be found in Attachment III, Exhibit A (pg. 82). These regulations aim to allow the development of small, independent units for individuals transitioning out of congregate living environments, unhoused individuals, migrant workers and other extremely low-income residents. Due to their similarities, SROs are proposed to be permitted wherever hotels are permitted. The proposed regulations listed below are based on similar regulations adopted in Milpitas, San Leandro and Winters which have comprehensive SRO ordinances:

 Allow new SROs in the High Density Residential (RH), Limited Access Commercial (CL), Central Business (CB), Central City-Commercial (CC-C), Mission Boulevard-Corridor Neighborhood (MB-CN), Mission Boulevard-Neighborhood Node ( MB-NN), Mission Boulevard-Corridor Center ( MB-CC), Urban Neighbor hood ( UN), Downtown Main Street ( DT-MS), and Urban Center ( UC) zoning districts with approval of an Administrative Use Permit.
 Allow hotel conversions into SROs in the Light Industrial ( IL), Industrial Park (IP), General Industrial ( IG), and Air Terminal- Commercial (AT-C) zoning districts with approval of an Administrative Use Permit.
 Require each unit be a maximum of 400 square feet, have a minimum of 90 cubic feet of storage and have one parking space.

26 California Government Code Section 65662:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65662.&lawCode=GOV

 Allow each unit to have a bathroom and/or an efficiency kitchen. If not provided in each unit, minimum shared facilities are required.
 Require common laundry facilities and open space for all the residents.  Require a management plan that addresses the management and operation of the facility, staffing, rental procedures, safety and security of the residents and building maintenance.

New or Revised Regulations
 Require one short-term bicycle parking space per every ten sleeping units and one long-term bicycle parking space per every four sleeping units.

A map showing the locations where SROs would be permitted can be found in Attachment IV.

Safe Parking: The regulations related to safe parking are described below and can be found in Attachment III, Exhibit A (pg. 81). These regulations aim to create a safe place for individuals to sleep overnight in their vehicles while ensuring access to basic necessities and limiting impacts to adjacent properties and City services. Staff recommends allowing safe parking on large, developed sites to ensure the site can easily accommodate the use. The draft regulations listed below are based on successful Safe Parking programs in Union City and Fremont:

 Allow safe parking on properties owned by tax-exempt non-profit organizations (i.e. faith-based organization, community-based organization) that are a minimum of 20,000 square feet and have a minimum of 50 parking spaces or a habitable structure with a minimum of 10,000 square feet gross floor area with approval of an Administrative Use Permit.
 Require all vehicles, vans and recreational vehicles to be operable and parked on a paved surface.
 Require safe parking locations to provide access to permanent bathroom facilities for participants during all operational hours.
 Require all safe parking locations provide temporary or permanent shower and laundry facilities at least once a week for participants.
 Prohibit safe parking operations between the hours of 10:00 a.m. and 5:00 p.m. unless otherwise authorized.
 Require a management plan that addresses the operation, management, rules, and safety measures for the safe parking operation.

New or Revised Regulations
 Revise Safe Parking Definition to clarify it allows individuals to sleep within their vehicles and add a cross-reference to the Vehicle definition  Clarify that all safe parking vehicles shall be parked within striped parking spaces.  Allow temporary bathroom facilities for safe parking operations

A map showing the locations where sa fe parking would be permitted can be found in Attachment IV.

Group Homes: The regulations related to Group Homes are described below and can be found in Attachment III, Exhibit A (definition on pg. 97). These regulations aim to remove barriers for

licensed groups homes which are already heavily regulated by the State. The draft regulations listed below are based on California Department of Housing and Community Development’s Group Home Technical Advisory27 and key feedback from the Supportive Housing Community Land Alliance (SCHLA). Please note there are no proposed changes to unlicensed group homes regulations which allow up to six residences by right and over seven residents with approval of a Conditional Use Permit.

 Allow group homes in the Central City-Commercial (CC-C), Central City-Plaza (CC-P), Mission Boulevard-Corridor Neighborhood (MB-CN), Mission Boulevard-Neighborhood Node (MB-NN), and Mission Boulevard-Corridor Center ( MB-CC) zoning districts in accordance with Welfare and Institution Code section 511628.  Distinguish licensed from unlicensed group homes.
 Licensed Group Homes:
o Define Small Licensed Group Homes as having up to eight residents and allow by right in all districts that currently allow group homes. o Define Medium Licensed Group Homes as having between nine and 14 residents and allow subject to approval of an Administrative Use Permit in all districts that currently allow group homes.
o Define Large Licensed Group Homes as having 15 or more residents and allow subject to approval of a Conditional Use Permit in all districts that currently allow group homes.

Emergency Shelters: The regulations related to emergency shelters are described below and can be found predominately in Attachment III, Exhibit A (pg. 79). These regulations aim to expand where emergency shelters are permitted to best serve Hayward’s unhoused population and create standards to minimize potential nuisances. The draft standards listed below are based on statutory requirements in Government Code section 65583, subdivision (a)(4)29 and regulations from Oakland, Fremont and San Leandro.

 Allow emergency shelters on parcels along Mission Boulevard and Foothill Boulevard in the Neighborhood Commercial (CN), General Commercial (CG), and Commercial Office (CO) zoning districts.
 Allow emergency shelters on parcels along Mission Boulevard in the Mission Boulevard Corridor Center (MB-CC) zoning district.
 Limit emergency shelters to 45 beds.
 Require emergency shelters provide one parking space for each three employees on site during the shift that has maximum staffing and an additional parking space for each facility vehicle.
 Require a client in-take area and on-site security.
 Require emergency shelters a minimum of 300 feet from one another.

27 HCD Group Home Technical Advisory: https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/group-home-technical- advisory-2022.pdf
28 California Welfare and Institution Code Section 5116:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=5116&lawCode=WIC 29 Government Code Section 65583, Subdivision (a)(4):
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65583&lawCode=GOV

New or Revised Regulations
 Revise Emergency Shelter definition to clarify it is for individuals experiencing homelessness.
 Clarify that Emergency Shelters shall be more than 300 feet from one another.

A map showing the locations where emergency shelters would be permitted can be found in Attachment IV.

Psychiatric and Rehabilitation Care Facilities: The regulations related to Psychiatric and Rehabilitation Facilities described below can be found predominately in Attachment III, Exhibit A (definition on pg. 109). These regulations aim to support individuals who are experiencing a crisis and need a higher level of care than can be provided in a congregate living setting (i.e. shelter, group home). Typically, individuals experiencing a mental health crisis are sent to hospitals which are expensive and unprepared to provide extensive mental health support.

Establishment of these facilities are supported by best practices, and there has been an increase in funding from the State and County for these facilities.

 Allow Psychiatric and Rehabilitation Facilities in the Light Industrial (IL), Industrial Park (IP), General Industrial (IG), Mission Boulevard- Corridor Neighborhood (MB-CN), Mission Boulevard-Neighborhood Node (MB-NN), and Mission Boulevard-Corridor Center (MB-CC) zoning districts with approval of an Administrative Use Permit.  Require these facilities be licensed and regulated by the State Department of Health Care Services.

A map showing the locations where Psychiatric and Rehabilitation Facilities would be permitted can be found in Attachment IV.

ENVIRONMENTAL REVIEW

On July 1, 2014, the City Council adopted Resolution No. 14 -108, approving the Hayward 2040 General Plan Update and related Program Environmental Impact Report (EIR) 30. In accordance with Section 15164 of the California Environmental Quality Act (CEQA) Guidelines, a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary pursuant to the conditions described in Section 15 162.

Under Section 15162, a subsequent EIR need not be prepared unless the lead agency determines one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

30 Hayward 2040 General Plan Draft EIR. https://www.hayward- ca.gov/sites/default/files/documents/Hayward%20GPU%20Public%20Release%20Draft%20EIR_1-30-14.pdf and Final EIR https://www.hayward-ca.gov/sites/default/files/documents/Hayward%20GPU%20Final%20EIR_5-19-14_0.pdf

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measures or alternatives which are consi derably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

While an Addendum was prepared by Rincon Associates for the 2023-2031 Housing Element (January 2023), the proposed Amendments are consistent with the Hayward 2040 General Plan and will not result in an increase in density or intensity of development beyond the impacts analyzed in the Gener al Plan Program EIR . Specifically, no new or unanticipated levels of development are expected as a result of the proposed Amendments; and, no new or unanticipated traffic, employment density, or construction impacts are expected to be generated as a result of adoption of these regulations. Therefore, the proposed Amendments substantially conform to the Goals, Policies, and Land Use Diagram set forth in the Hayward 2040 General Plan and were adequately analyzed in the related Program EIR and the Addendum pre pared for the Housing Element (January 2023) 31. As such, no further environmental review is necessary.

STRATEGIC ROADMAP

This agenda item supports the Strategic Priority of Preserve, Protect and Produce Housing for All. Specifically, this item relates to the implementation of the following projects:

Project H4: Continue to explore safe parking options along with encampment management

Project H10: Amend the Municipal Code to address Housing Element Actions related to housing for a variety of income levels and housing types

ECONOMIC IMPACT

This project aims to promote the development of supportive and transitional housing for individuals and families experiencing homelessness. This project will have a positive

31 Hayward Housing Element, Attachment III Addendum.
https://hayward.legistar.com/LegislationDetail.aspx?ID=6016046&GUID=4F497BC8-5C65-474C-8E6E-7447DA88EFEA&Options=&Search=

economic impact by helping lower the unsheltered population and reducing the economic strain on emergency and maintenance services.

FISCAL IMPACT

This project was anticipated in the Planning Division and Community Services Division work plans therefore, there will be no additional unanticipated impact to the City’s General Fund.

NEXT STEPS

If approved, the proposed Amendments would become effective 30 days following Ordinance adoption.

Prepared by: Taylor Richard, Associate Planner

Recommended by: Sara Buizer, AICP, Development Services Director

Approved by:

_______________________________________
Dr. Ana M. Alvarez, City Manager

ATTACHMENT II

HAYWARD CITY COUNCIL

RESOLUTION NO. 25-____

Introduced by Council Member _________

RESOLUTION MAKING FINDINGS IN SUPPORT OF ADOPTION OF ZONING TEXT AMENDMENT S TO CHAPTER 10 , ARTICLE 1 (ZONING ORDINANCE ), ARTICLE 2 ( OFF-STREET PARKING REGULATIONS) , A RTICLE 24 (MISSION BOULEVARD CODE), AND ARTICLE 28 (DOWNTOWN DEVELOPMENT CODE)

OF THE HAYWARD MUNICIPAL CODE RELATED TO IMPLEMENTATION OF THE 2023 -2031 HAYWARD HOUSING ELEMENT AND FINDING THAT THE

ACTION DOES NOT REQUIRE ADDITIONAL ENVIRONMENTAL REVIEW

WHEREAS, in June 2023, the University of California San Franscisco published “The California Statewide Study of People Experiencing Homelessness” which noted that more than 171,000 people are experiencing homelessness daily in California;

WHEREAS, in January 2024, the Point -In-Time (PIT) Count found that there is approximately 512 people experiencing homelessness in Hayward, which is up 30% from 2022;

WHEREAS, the City Council has adopted Resolution Nos. 18-027, No. 19-04, No. 21- 026, No. 23-028, and No. 24-025 to support the operation and construction of supportive housing by temporarily suspending local planning and zoning regulations as they currently represent barriers to meaningfully and creatively serving the unhoused population;

WHEREAS, on July 13 , 2021, the City Council adopted the Let’s House Hayward Strategic Plan composed of goals and strategies to achieve Hayward’s vision of being a leader in ending homelessness through accessible, dignified treatment and services;

WHEREAS, on February 7, 2023, the City Council adopted Resolution No. 23 -033, adopting the 2023-2031 Hayward Housing Element composed of goals, policies, programs, and actions to help Hayward meet its housing needs;

WHEREAS, in May 2024, city staff held five stakeholder meetings t o gather input from local service providers, affordable housing developers, educational facilities and faith - based organizations to understand best practices and recommendations in the field of supportive housing;

WHEREAS, on June 25, 202 4 and June 27, 2024, the Council and Planning Commission, respectively, held public Work Sessions to provide recommendations to expand supportive housing options for Hayward’s unhoused population;

ATTACHMENT II
WHEREAS, from September 24, 2024 to October 21, 2024, the draft regulati ons were made available for public review on the City of Hayward’s website;

WHEREAS, on October 10, 202 4 and October 15, 202 4, the Planning Commission and Council, respectively, held public Work Sessions on the draft Zoning Text Amendments.

Comments r eceived during the public review period and at the work sessions were incorporated into the proposed amendments or responses to those comments were otherwise documented in an attachment to the staff report;

WHEREAS, on December 12, 202 4, the Planning Commis sion considered the proposed Zoning Text Amendment s and voted (7-0), that the City Council approve the proposed Amendments with modifications to require a Conditional Use Permit for safe parking, create a neighborhood accountability group to explore im pacts related to supportive housing development, add a definition for homelessness which includes housing insecurity and fix miscellaneous typographical errors; and

WHEREAS, notice of the hearing was published in the manner required by law within the East Bay Times on December 20, 2024 and the hearing was duly held by the City Council on January 21, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and determines as follows:

CALIFORNIA ENVIRONMENTAL QUALITY ACT

1. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15168, a Program Environmental Impact Report (EIR) was prepared for the Hayward 2040 General Plan. On July 1, 2014, the City Council adopted Resolution No. 14 -108, approving the Hayward 2040 General Plan U pdate and related Program Environmental Impact Report (EIR).

2. The Zoning Text Amendments are consistent with the General Plan Land Use diagram as well as policies and programs outlined in the Housing Element of the General Plan; and will not result in an i ncrease in density or intensity of development beyond the impacts analyzed in the General Plan Program EIR and the subsequent Addendum prepared by Rincon Associates for the Housing Element (January 2023).

3. Based on the draft regulations and the analysis pr ovided in this staff report, no new or unanticipated levels of development are anticipated that were not previously identified in the General Plan and General Plan EIR, and no new or unanticipated traffic, residential or employment density, or construc tion impacts are expected to be generated as a result of adoption of these regulations. Therefore, the proposed

ATTACHMENT II
Amendments substantially conform to the Goals and Policies set forth in the General Plan that were analyzed in the related Program EIR. No further e nvironmental review is necessary.

4. Therefore, the project complies with CEQA, and the Planning Commission has reviewed and considered the information prior to approving the project. The custodian of the record of proceedings upon which this decision is based is the Development Services Department of the City of Hayward located at 777 B Street, Hayward, CA 94541.

FINDINGS FOR ZONING TEXT AMENDMENTS TO THE HAYWARD MUNICIPAL CODE

1. Substantial proof exists that the proposed change will promote the public health, safety, convenience, and general welfare of the residents of Hayward;

The proposed Zoning Text Amendments will promote the public health, safety, convenience and general welfare of the residents in Hayward in that the updated regulations will expand housing options for Hayward’s unhoused and other vulnerable populations; create comprehensive standards to ensure high-quality housing options; and certify the Hayward Municipal Code is consistent with State housing law.

2. The proposed change is in confor mance with all applicable, officially adopted policies and plans;

The proposed Zoning Text Amendments are consistent with the goals and policies set forth in the Hayward 2040 General Plan in that the updated regulations are designed to protect and e nhance the city’s housing stock. Furthermore, the proposed Amendments are consistent with the following Actions set forth in the 2023 -2031 Housing Element of Hayward General Plan:

 Action 13.1 : Explore innovative and alternative housing options that provide greater flexibility and affordability in the housing stock. This may include allowing shelters, transitional housing and tiny homes with wraparound services on site at churches, social services agencies/nonprofits that do this work in the community and on publicly owned land. The City will promote other types of alternative housing options including single room occupancy developments or conversions, group homes, and by-right permanent supportive housing. The City has the goal of completing five tiny home de velopments, single-room occupancy developments, supportive housing developments, emergency shelters, transitional housing development and/or conversions in the planning period
 Action 13.3: Assess and amend the HMC as needed to allow Supportive Housing as a by-right use where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651.

ATTACHMENT II
 Action 13.4 : Evaluate the permit process for group homes of seven or more persons and am end the HMC to include a set of objective standards to provide certainty to applicants through the permitting process. Evaluate the potential of allowing the use through Administrative Use Permit process or as a by -right use subject to objective standards.
 Action 13.5: Amend the HMC parking regulations for Homeless and Emergency Shelters and Navigation Centers to comply with Government Code section 65583, subdivision (a)(4)(A).
 Action 13.6: Amend the HMC to comply Government Code section 65662 which requires a Low Barrier Navigation center to be a use by -right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, provided specific requirements of the law are met.
 Action 13.7: Amend the HMC to allow tiny homes and emergency shelters on church and publicly owned properties.
 Action 19.11: Explore funding and feasibility options for safe parking and safe camping programs to provide additional safe, secure, and sanitary options for individuals and families experiencing homelessness.

3. Streets and public facilities existing or proposed are adequate to serve all uses permitted when the property is reclassified; and

The proposed Zoning Text Amendments include minor modifications to the allowable uses in the city’s zoning dis tricts and are generally consistent with land uses envisioned in the Hayward 2040 General Plan and analyzed in the related Program Environmental Impact Report. While the city is generally built out and has adequate streets and public facilities to serve the areas, each new project would be evaluated on a case-by-case basis for environmental impacts and would be requ ired to install or upgrade utilities, upgrade roadways or install frontage improvements as standard conditions of approval to ensure that the future development or land use is adequately served.

4. All uses permitted when property is reclassified will be compatible with present and potential future uses, and, further, a beneficial effect will be achieved which is not obtainable under existing regulations.

The proposed Zoning Text Amendments include allowing Single -Room Occupancy (SROs), Emergency Shelter s, Low Barrier Navigation Centers, Safe Parking, Group Homes and Psychiatric and Rehabilitation Care Facilities within a variety of zoning districts. These uses are accompanied by stringent development and performance standards to ensure compatibility with present and potential uses, to minimize nuisances and promote high-quality developments. The Amendments would achieve a beneficial effect by creating a spectrum of housing to serve a variety of populations with different needs and addressing the City’s housing and shelter crisis.

ATTACHMENT II
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward, based on the foregoing findings, hereby adopts the findings in support of Zoning Map and Text Amendments related to implementation of the 2023-2031 Housing Element, subject to the adoption of the companion Ordinance.

BE IT RESOLVED that this resolution shall become effective on the date that the companion Ordinance (Ordinance No. 25-___) becomes effective.

IN COUNCIL, HAYWARD, CALIFORNIA ____________________, 2025.

ADOPTED BY THE FOLLOWING VOTE:

AYES: COUNCIL MEMBERS:

MAYOR:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ATTEST: ______________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

ORDINANCE NO. ______

ORDINANCE AMENDING CHAPTER 10, ARTICLE 1 (ZONING ORDINANCE ), ARTICLE 2 ( OFF-STREET PARKING REGULATIONS) , ARTICLE 24 (MISSION BOULEVARD CODE) AND ARTICLE 28 (DOWNTOWN DEVELOPMENT CODE)

OF THE HAYWARD MUNICIPAL CODE ASSOCIATED WITH
IMPLEMENTATION OF THE 2023-2031 HAYWARD HOUSING ELEMENT

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1 . Provisions. The City Council incorporates by reference the finding s contained in Resolution 25-___ approving t he Zoning Text Amendments to the Hayward Municipal Code as detailed in Exhibits A, B, C, and D.

Section 2. Chapter 10, Planning, Zoning, and Subdivisions of the Hayward Municipal Code, which establishes development standards and regulations for all zonin g districts within City boundaries, is hereby amended to add certain text (as indicated by underline) and delete certain text (as indicated by strikethrough) in the attached Exhibit s A thorough D, related to the following: allowing Single Room Occupancy (S ROs) development within additional zoning districts in accordance with regulations outlined in Hayward Municipal Code (HMC) Section 10 -1.2736(e); allowing Safe Parking in certain areas in accordance with regulations outlined in HMC Section 10 -1.2736(d); expanding allowances for licensed group homes; allowing Emergency Shelters in additional zoning district s in accordance with regulations outlined in HMC Section 10 -1.2736(a); allowing Psychiatric and Rehabilitation Care Facilities in certain zoni ng districts ; and, miscellaneous revisions to Chapter 10 Article 1: Zoning Ordinance, Article 2: Off -Street Parking Regulations, Article 24: Mission Boulevard Code and Article 28: Downtown Development Code , introduced herewith and as specifically shown in this Ordinance.

Section 4. Severance. Should any part of this Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity of the remainder of this Ordinance, which shall continue in full force and effect, provided that the remainder of the Ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the City Council.

Section 4. Effective Date . In accordance with the provisions of Section 620 of the City Charter, the Ordinance shall become effective 30 days after the second reading on the Ordinance.

INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 21st day of January 2025, by _________.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the ____ day of _____, by the following votes of members of said City Council.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

APPROVED: _______________________________________
Mayor of the City of Hayward

ATTEST: _____________________________________
City Clerk of the City of Hayward

APPROVED AS TO FORM:

_________________________________________
City Attorney of the City of Hayward

SEC. 10-1.200 RESIDENTIAL DISTRICTS

Hayward, California, Municipal Code Created: 2024-03-25 12:42:16 [EST] (Supp. No. 22, Update 1)

SEC. 10-1.200 RESIDENTIAL DISTRICTS1
SEC. 10-1.202 USE REGULATIONS—RESIDENTIAL DISTRICTS.

Table 10-1.202, Land Use Regulations-Residential Districts, sets the land use regulations for the RNP, RL, RM, and RH Districts by letter designation as follows, unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Hayward Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit. "C" designates uses that are permitted after review and approval of a Conditional Use Permit. "-" designates uses that are not allowed.

A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

Section numbers in the right-hand column refer to other sections of the Zoning Ordinance, other limitations, and applicable subsections following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the Table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoors.

TABLE 10-1.202: USE REGULATIONS-RESIDENTIAL DISTRICTS
"P" Permitted Use; "A" Administrative Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed
Use District Additional Regulations

RNP RL RM RH
Residential Uses
Detached residential unit(s) P P P - Subject to density limitations in the General
Plan; See Section 10-

1.204(e). Additions to
detached residential units in
the RH District existing
before the effective date of

1Editor's note(s)—Ord. No. 24-01 , § 3(Exh. A), adopted January 23, 2024, repealed the former Sec. 10-1.200, §§ 10-1.205—10-1.245, and enacted a new Sec. 10-1.200 as set out herein. The former Sec. 10-1.200 pertained to Single-Family Residential District (RS) and derived from Ordinance 13-12, 11-19-2013; Ordinance 16-02, 1- 19-2016.

Exhibit A

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

this Ordinance are
permitted.

Duplex/Triplex - P P P Subject to density
limitations in the General
Plan; See Section 10-

1.204(e).

Multi-unit residential (4+
attached units)
- - P P Subject to density
limitations in the General
Plan; See Section 10-

1.204(e).

Accessory dwelling unit(s) P P P P Where primary use is residential. See Section 10-

1.2740 for criteria and
standards.

Two-Unit Development - P - - As provided in Government Code Sections 66411.7 and
65852.21, as amended from
time to time.

Small Unlicensed Group
home (6 or fewer residents,
excluding staff)
P P P P See definitions.

Large Unlicensed Ggroup
home (7 or more residents,
excluding staff)
C C C C See definitions.

Small Licensed Group Home P P P P See definitions.

Medium Licensed Group
Home
A A A A See definitions.

Large Licensed Group Home C C C C See definitions.

Boarding home - - C C
Dormitory - - C A C A
Single Room Occupancy - - - A See Section 10-1.2736(e) for criteria and standards.

Other Uses
Ambulance service - A A A
Cultural facility A A A A
Day care, home (State-
licensed, less than 24-hour
care for children or adults,
14 or fewer persons,
excluding staff)
P P P P See definitions.

Day care center (State-
licensed, less than 24-hour
care for children or adults,
A A A A See definitions.

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

15 or more persons,
excluding staff)
Educational facility A A A A
Hospital - A A A
Convalescent
HomeConvalescent facility
- A A A
Livestock A A - -
Parking lot - A A A
Recreational facility A A A A
Religious facility A A A A
Wind energy conversion
system
A A A A Permitted by right if
accessory to a primary use.

Golf course - C C C
Country club - C C C
Public agency facilities p P P P See definitions.

Accessory buildings and uses p P P P See Section 10-1.204(a).

Garage sales p P P P Four per year per dwelling.

See General Regulations
Section 10-1.2735(e).

Home Occupation p P P P See definitions.

Home Occupation,
expanded
A A A A See definitions.

Household pets P P P P See definitions and Section 10-1.2735(f).

Apiaries P P - - See definitions and Section
10-1.2735(f).

(Amended by Ordinance 24-01 , adopted 1-23-2024)
SEC. 10-1.600 RESIDENTIAL-OFFICE DISTRICT (RO)2

2Section 10-1.600 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

SEC. 10-1.615 USES PERMITTED IN THE RO DISTRICT.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District.
(1) Residential Uses.
(a) Boarding Home.
(ab) Small Unlicensed Group home. (6 or fewer residents, excluding staff. See definitions) (bc) Small Licensed Group home. (See definitions)
(c) Multiple-family dwelling.
(d) Single-family dwelling.
(2) Other Uses.
(a) Day care home. (State-Licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(b) Public agency facilities. (See definitions)
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the RO District:
(1) Residential Uses.
(a) Accessory dwelling unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(b) Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc.) can be met for each dwelling) (2) Other Uses.
(a) Accessory buildings and uses. (See Section 10.1.245.a & b) (b) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (c) Home Occupation. (See definitions)
(d) Household pets.
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.620 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District subject to approval of an administrative use permit:
(1) Residential Uses.
(a) Medium Licensed Group home. (See definitions)None.
(2) Administrative and Professional Offices - Less than 1,000 square feet. (a) Accounting and financial offices.
(b) Architectural and engineering offices.

Created: 2024-03-25 12:42:16 [EST]
(Supp. No. 22, Update 1)

(c) Chiropractic or acupuncture office.
(d) Insurance and real estate offices.
(e) Law offices.
(f) Medical and dental offices.
(g) Travel and airline agency offices.
(3) Other Uses.
(a) Home occupation - expanded. (See definitions)
(b) Convalescent homeConvalescent facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(c) Cultural facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(d) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff.)
(e) Educational facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(f) Recreational facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
(g) Religious facility. New, or major additions or alterations comprising more than 25 percent of the existing floor area.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the RO District subject to approval of a conditional use permit:
(1) Residential Uses.
(a) Large Unlicensed Ggroup home. (See definitions)
(b) Large Licensed Group home. (See definitions)
(2) Administrative and Professional Offices - More than 1,000 square feet. (a) Accounting and financial offices.
(b) Architectural and engineering offices.
(c) Chiropractic or acupuncture office.
(d) Insurance and real estate offices.
(e) Law offices.
(f) Medical and dental offices.
(g) Travel and airline agency offices.
(3) Other Uses.

Bed and breakfast inn.

SEC. 10-1.750 SUSTAINABLE MIXED USE DISTRICT (SMU)

Hayward, California, Municipal Code Created: 2024-03-25 12:42:17 [EST] (Supp. No. 22, Update 1)

SEC. 10-1.750 SUSTAINABLE MIXED USE DISTRICT (SMU)3
SEC. 10-1.765 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District as primary uses:
(1) Residential Uses.

Multiple-family dwelling units. (At 25.0 to 55.0 units per net acre.) (2) Retail.
(a) Bakery
(b) Bookstore
(c) Card shop
(d) Coffee/espresso shop
(e) Delicatessen
(f) Floral shop
(g) Gift shop
(h) Jewelry store
(i) Supermarket
(3) Administrative and Professional Offices/Services.
(a) Accounting and financial offices
(b) Law offices
(c) Medical and dental offices
(4) Personal Services.
(a) Barber or beauty shop
(b) Dry cleaner/laundry
(c) Nail salon
(d) Tailor/seamstress shop
(5) Other Uses.
(a) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the SMU District:

3Section 10-1.750 added by Ordinance 09-08, adopted July 7, 2009.

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(1) Residential Uses.
(a) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(2) Other Uses.
(a) Home Occupation. (See definitions.)
(b) Household pets.
(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.770 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District, subject to approval of an administrative use permit:
(1) Other Uses.
(a) Cultural Facility
(b) Educational Facility (Must be LEED Silver certified and include an adjacent community park) (c) Recreational Facility
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the SMU District subject to approval of a conditional use permit:

None.

SEC. 10-1.800 NEIGHBORHOOD COMMERCIAL DISTRICT (CN)4
SEC. 10-1.815 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices (not including check-cashing business). (b) Architectural and engineering offices.

4Note(s)—Section 10-1.815a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.820a. amended by Ordinance 01-01, adopted January 16, 2001.

Section 10-1.820b. amended by Ordinance 99-18, adopted October 12, 1999; Ordinance 04-19, adopted December 21, 2004; Section 10-1.845w. added by Ordinance 01-08, adopted July 17, 2001; Section 10-1.845 amended by Ordinance 07-16, adopted November 6, 2007.

Section 10-1.800 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only.) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(j) Clothing store.
(k) Consignment store.
(l) Coffee/espresso shop.
(m) Delicatessen.
(n) Fabric store.
(o) Floral shop.
(p) Furniture store.
(q) Garden supplies store.
(r) Gift shop.
(s) Hardware store.
(t) Jewelry store.
(u) Locksmith shop.
(v) Music store.
(w) Nursery (plant).
(x) Paint/wallpaper store.
(y) Pet grooming shop.
(z) Pet store.
(aa) Plumbing and heating store.
(bb) Restaurant. (Where not abutting a residential district or property and no bar) (cc) Sporting goods store.
(dd) Stationary store.
(ee) Supermarket.
(ff) Theater. (Small Motion Picture or Live Performance only.) (gg) Thrift store.
(hh) Toy store.
(ii) Variety store.
(jj) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(b) Catering facility.
(c) Christmas tree or pumpkin patch lot. (See Section 10-1.2735c. for standards) (d) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.
(e) Educational facility. Small, generally less than 2,000 square feet, designed to augment the learning process of elementary and secondary students.
(f) Public agency facilities.
(g) Emergency Shelter (Limited to parcels abutting Mission Boulevard and Foothill Boulevard., See Section 10-1.2736(a) for criteria and standards.)
(h) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN District:
(1) Accessory buildings and uses. (See Section 10.1.845) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.820 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses are permitted in the OS District subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

Medical/dental laboratory.
(2) Automobile Related Uses.
(a) Parking lot.
(b) Car Rental Agency
(3) Personal Services.
(a) Health Club.
(b) Massage (When ancillary to an established primary use such as a beauty salon.) (c) Suntan parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.
(a) Restaurant. (Where abutting a residential district or property)

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(b) Convenience market.
(6) Service Commercial Uses.
(a) Appliance service and repair shop. (Not ancillary to a primary use) (b) Recycling collection area. (When located within a convenience zone) (7) Other Uses.
(a) Animal hospital.
(b) Animal grooming service.
(c) Ambulance service.
(d) Carnival.
(e) Cultural facility.
(f) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff).
(g) Educational facility. Where not exempted, under Section 10-1.815a.(7)(f). (h) Outdoor gathering. (Refer to General Regulations Section 10-1.2735g.) (i) Recreational facility.
(j) Religious facility.
(k) Temporary use. (i.e., Parking lot or tent sale)
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN District, subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.
(b) Payday loan facilities.
(2) Automobile Related Uses. (See Section 10-1.845 for special requirements) (a) Automobile repair - minor.
(b) Automobile service station.
(c) Car wash.
(d) Drive-in establishments.
(3) Personal Services.
(a) Massage parlor. When not located within an established beauty salon. (b) Tattoo parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.
(a) Bar, Cocktail lounge, alcohol). (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.)

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(b) Dance or night club. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.)
(c) Liquor store. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.) (d) Theater, Large Motion Picture. (See Section 10-1.1045 for special requirements.) (6) Service Commercial Uses.

None.
(7) Other Uses.

Banquet hall. (When abutting a residential district or property. See Section 10-1.2750 et seq. for regulations of alcohol)
SEC. 10-1.900 NEIGHBORHOOD COMMERCIAL-RESIDENTIAL DISTRICT (CN-R)5 SEC. 10-1.915 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CN-R District as primary uses:
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing store.) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic or acupuncture office.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.

5Note(s)—Repealed and replaced by Ordinance 06-14, adopted July 11, 2006.

Section 10-1.900 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.
(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor non-residential uses only; required at 27.0 to 55.0 units per net acre above ground-floor commercial uses in the SD6 Special Design District) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Coffee/espresso shop.
(l) Delicatessen.
(m) Fabric store.
(n) Floral shop.
(o) Furniture store.
(p) Garden supplies store.
(q) Gift shop.
(r) Hardware store.
(s) Jewelry store.
(t) Locksmith shop.
(u) Music store.
(v) Nursery (plant).

Created: 2024-03-25 12:42:17 [EST]
(Supp. No. 22, Update 1)

(w) Paint/wallpaper store.
(x) Pet grooming shop.
(y) Pet store.
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and no bar) (bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater (Small Motion Picture or Live Performance only.) (ff) Thrift store.
(gg) Toy store.
(hh) Variety store.
(ii) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)
(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735c. for standards) (c) Day Care Center. (Less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(d) Educational facility. (Small, generally less than 2,000 sq. ft. design to augment the education) (e) Public agency facilities.
(f) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CN-R District:
(1) Accessory buildings and uses. (See Section 10.1.845a.—d.) (2) Garage sales. (4 per year per dwelling. See Section 10-1.2735d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

SEC. 10-1.920 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R District, subject to the approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

Medical/Dental laboratory.
(2) Automobile Related Uses.

Parking lot.
(3) Personal Services.

Massage parlor. (When located within an established beauty or tanning salon) (4) Residential Uses.

Multiple-family dwellings with ground level units. (Not allowed in the SD6 Special Design District.) (5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.

Restaurants. (When abutting residential district or use or containing a bar.) (7) Other Uses.
(a) Animal grooming service.
(b) Animal hospital.
(c) Convalescent homeConvalescent facilityhospital.
(d) Cultural facility.
(e) Educational facility.
(f) Home occupation - expanded.
(g) Recreational facility.
(h) Religious facility.
(i) Temporary use.
b. Conditional Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CN-R District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.
(b) Payday loan facilities.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Massage parlor. (When not located within an established beauty or tanning salon)

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(b) Tattoo parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses. (See General Regulations Section 10-1.2750) (a) Bar, Cocktail lounge, et seq. for regulations of alcohol.) (b) Dance or night club.
(c) Liquor store.
(d) Theater, Large Motion Picture. (See Section 10-1.1045 for special requirements; not allowed in the SD6 Special Design District.)
(6) Service Commercial Uses.

None.
(7) Other Uses.

None.

SEC. 10-1.1000 GENERAL COMMERCIAL DISTRICT (CG)6
SEC. 10-1.1015 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CG District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing stores) (b) Architectural and engineering offices.

6Section 10-1.1015 a.(5)(ee) added by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1020 a.(3) amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1020 b.(1)(b) amended by Ordinance 99-18, adopted Oct. 12, 1999.

Section 10-1.1020 b.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1045 g. amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1045 h. added by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1045 v. added by Ordinance 01-08, adopted July 17, 2001.

Section 10-1.1045 w. added by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1015 a., 10-1.1020 a., 10-1.1045, and 10-1.1045 h. amended by Ordinance 06-11, adopted July 11, 2006.

Section 10-1.1005 through 10-1.1020 amended by Ordinance 13-14 , adopted November 19, 2013.

Section 10-1.1000 amended by Ordinance 13-12 , adopted November 19, 2013.

Section 10-1.1000 amended by Ordinance 14-17 , adopted July 1, 2014.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.
(a) Automobile parts store.
(b) Automobile dealership. (Dealership selling primarily new vehicles, when all minimum design standards are met and when located along Mission Blvd. between Highland/Sycamore and 700 feet south of Harder Road.)
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Health club.
(e) Martial arts studio.
(f) Music studio.
(g) Nail salon.
(h) Palm reading service.
(i) Photography studio.
(j) Physical fitness studio.
(k) Shoe repair shop.
(l) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only.) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle store.
(f) Bookstore.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.
(j) Clothing store.
(k) Consignment store.
(l) Coffee/Espresso shop.
(m) Delicatessen.
(n) Fabric store.
(o) Floral shop.
(p) Furniture store.
(q) Gift shop.
(r) Hardware store.
(s) Jewelry store.
(t) Locksmith shop.
(u) Music store.
(v) Nursery (plant).
(w) Paint/wallpaper store.
(x) Pet grooming shop.
(y) Pet store.
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and with no bar) (bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater. (Small Motion Picture or Live Performance only.) (ff) Thrift shop.
(gg) Toy store.
(hh) Variety store.
(ii) Video sales and rental store.
(6) Service Commercial Uses.
(a) Appliance service and repair shop. (Not ancillary to a primary use.) (b) Copying or reproduction facility.
(c) Equipment rental.
(d) Hotel or motel.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(e) Mailing or facsimile service.
(f) Not Used
(g) Reverse vending machine(s). (When located within a convenience zone.) (h) Upholstery shop (furniture).
(7) Other Uses.
(a) Broadcasting studio.
(b) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served.)
(c) Catering facility. (Where not abutting a residential district or property.) (d) Christmas tree or pumpkin patch lot. (See Section 10-12750 et seq. for standards) (e) Day Care Home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(f) Educational facility. (Small, generally less than 2,000 square feet, designed to augment the learning process of elementary and secondary school students.) (g) Public agency facilities.
(h) Emergency Shelter (Limited to parcels abutting Mission Boulevard and Foothill Boulevard, See Section 10-1.2736(a) for criteria and standards.)
(i) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CG District:
(1) Accessory buildings and uses. (See section 10-1.1045) (2) Garage sales. (4 per year per dwelling. See Section 10-l.2735d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.1020 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CG District subject to approval of an administrative use permit:
(1) Administrative and Professional Office/Services.
(a) Commercial Cannabis Delivery.
(b) Medical/dental laboratory, including Cannabis Testing Laboratory. (2) Automobile Related Uses.
(a) Automobile brokerage office. (See definitions.)

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(b) Automobile repair (minor and major). (See Section 10-1.1045h. for special requirements.) (c) Automobile service station. (See Section 10-1.1045h. for special requirements.) (d) Automobile storage facility. (See Section 10-1.1045h. for special requirements.) (e) Car wash. (See Section 10-1.1045h. for special requirements.) (f) Drive-in establishments. (See Section 10-1.1045h. for special requirements.) (g) Parking lot.
(3) Personal Services.
(a) Suntan parlor.
(4) Residential Uses. None.
(a) Single Room Occupancy. (See Section 10-1.2736(e) for criteria and standards.) (5) Retail Commercial Uses.
(a) Wine Shop.
(b) Convenience market. (See Section 10-1.2750 et seq. for regulations of alcohol.) (c) Restaurant. (Where abutting a residential district or property with no bar.) (6) Service Commercial Uses.
(a) Appliance service and repair shop. (Not ancillary to a primary use) (b) Equipment rental.
(c) Hotel or motel. (Where abutting a residential district or property) (d) Recycling collection area. (When located within a convenience zone) (e) Sign shop.
(7) Other Uses.
(a) Ambulance service.
(b) Animal grooming service.
(c) Animal hospital.
(d) Auction.
(e) Banquet hall. (Where abutting a residential district or property but not where alcohol is served) (f) Carnival.
(g) Catering facility. (Where abutting a residential district or property) (h) Commercial amusement facility.
(i) Cultural facility.
(j) Day care center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions)
(k) Educational facility.
(l) Flea market.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(m) Kennel.
(n) Mortuary.
(o) Outdoor gathering. (Refer to General Regulations Section 10-1.2735g.) (p) Passenger terminal.
(q) Recreational facility.
(r) Religious facility.
(s) Sign shop.
(t) Temporary use. (i.e., parking lot or tent sale)
(u) Wind energy conversion system.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CG District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.
(b) Payday loan facilities.
(2) Automobile Related Uses.
(a) Automobile sales and rental. Except as provided for under Section 10-1.1015a(2)(b). (3) Personal Services.
(a) Massage parlor.
(b) Tattoo parlor.
(4) Residential Uses. None.
(5) Retail Commercial Uses. (See Section 10-1.2750 et seq. for regulations of alcohol.) (a) Bar, Cocktail lounge.
(b) Brewery or Distillery.
(c) Cabaret. (See Chapter 6, Article 2 for regulations.) (d) Commercial Cannabis Retail Dispensary (See Section 10-1.3600). (e) Dance or night club.
(f) Liquor store.
(g) Theater, Large Motion Picture.
(h) Tobacco Retail Sales Establishment. (See General Regulations Section 10-1.2780 for tobacco regulations).
(6) Service Commercial Uses.

None
(7) Other Uses.
(a) Homeless shelter.
(b) Warehouse (When located behind and ancillary to primary uses).

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(c) Wholesale establishment.
(Amended by Ordinance 17-15 , adopted Nov. 28, 2017)
SEC. 10-1.1100 COMMERCIAL OFFICE DISTRICT (CO)7
SEC. 10-1.1115 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CO District:
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices (excluding check cashing stores). (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance Studio.
(c) Dry cleaner/laundry.
(d) Martial arts studio.
(e) Music studio.
(f) Nail salon.
(g) Palm reading service.
(h) Photography studio.
(i) Physical fitness studio.

7Section 10-1.1115 a.(4) amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1120 b.(1)(c) amended by Ordinance 99-18, adopted October 12, 1999.

Section 10-1.1125 b. amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.1100 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(j) Shoe repair shop.
(k) Tailor/seamstress shop.
(4) Residential Uses.
(a) Multiple-family dwellings.
(b) Small Unlicensed Ggroup home. (s associated with single-family dwellingSee definitions)s. (c) Small Licensed Group home. (See definitions)
(c) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Day Care Home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(b) Public agency facilities.
(c) Emergency Shelter (Limited to parcels abutting Mission Boulevard and Foothill Boulevard, See Section 10-1.2736(a) for criteria and standards.)
(d) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CO District:
(1) Accessory buildings and uses. (See Section 10.1.845) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.1120 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CO District subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.
(a) Commercial Cannabis Delivery.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(b) Medical/dental laboratory, including Cannabis Testing Laboratory. (c) Pharmaceutical sales. (Where accessory to a medical office or clinic, and where it does not exceed 3,000 square feet)
(2) Automobile Related Uses.

Parking lot.
(3) Personal Services.

None.
(4) Residential Uses.
(a) Boarding Home. (For seven or more persons. See definitions) (ab) Single-family dwelling.
(bc) Medium Licensed Group home. (See definitions) [Reserved.] (cd) Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc.) can be met for each dwelling) (de) Convalescent Convalescent FacilityHospitals
(e) Dormitory
(5) Retail Commercial Uses.

Restaurant.
(6) Service Commercial Uses.

Recycling collection area. (When located within a convenience zone) (7) Other.
(a) Ambulance service.
(b) Animal hospital.
(c) Day Care Center.
(d) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)
(e) Educational facility. (Small, generally less than 2,000 sq. ft. designed to augment the learning process of elementary and secondary students.)
(f) Home occupation - expanded.
(g) Religious facility.
(h) Temporary use. (i.e., parking lot or tent sale)
(i) Wind energy conversion system.
b. Conditional Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CO District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(a) Pharmaceutical sales. (Where accessory to a medical office or clinic, and where it exceeds 3,000 square feet)
(b) Check cashing stores.
(c) Payday loan facilities.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Massage parlor.
(b) Suntan parlor.
(4) Residential Uses.
(a) Dormitory.
(b) Fraternity or sorority.
(ac) Large Unlicensed Group hHome. (See definitions)
(b) Large Licensed Group home. (See definitions)
(5) Retail Commercial Uses.

Bar, cocktail lounge. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol) (6) Service Commercial Uses.

None.
(7) Other.
(a) Educational facility more than 2,000 square feet.
(b) Religious facility.
(c) Hospital.
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; amended by Ordinance 17-15 , adopted Nov. 28, 2017) SEC. 10-1.1200 LIMITED ACCESS COMMERCIAL DISTRICT (CL)8 SEC. 10-1.1215 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CL District.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing stores.)

8Section 10-1.1200 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dry cleaner/laundry.
(c) Martial arts studio.
(d) Music studio.
(e) Nail salon.
(f) Palm reading service.
(g) Physical fitness studio.
(h) Shoe repair shop.
(i) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only.) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Coffee/espresso shop.
(b) Delicatessen.
(c) Restaurant. (Where not abutting a residential district or property and no bar) (6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Hotel or motel.
(c) Mailing or facsimile service.
(d) Reverse vending machines. (When located within a convenience zone) (7) Other Uses.
(a) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(b) Day Care Home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(c) Public agency facilities.
(d) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CL District:
(1) Accessory buildings and uses. (See Section 10.1.1045) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home Occupation. (See definitions)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.1220 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CL District subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

Parking lot.
(3) Personal Services.
(a) Suntan parlor.
(b) Massage parlor. (When ancillary to a primary and related use such as a beauty salon) (4) Residential Uses.

None. (a) Single Room Occupancy. (See Section 10-1.2736(e) for criteria and standards.) (5) Retail Commercial Uses.

Restaurant. (Where abutting a residential district or property) (6) Service Commercial Uses.

Recycling collection area. (When located within a convenience zone.) (7) Other Uses.
(a) Hospital, convalescent home.
(b) Kennel.
(c) Temporary use.
(d) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff.)

Created: 2024-03-25 12:42:18 [EST]
(Supp. No. 22, Update 1)

(e) Convalescent facility.
b. Conditional Uses. The following uses, or uses determined to be similar by Planning Director, are permitted in the CL District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

Drive-in establishments.
(3) Personal Services.

Massage parlor.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.

Bar, cocktail lounge. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol) (6) Service Commercial Uses.

None.
(7) Other Uses.

None.
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.1300 CENTRAL BUSINESS DISTRICT (CB)9
SEC. 10-1.1315 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CB District:
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices (excluding check cashing stores). (b) Architectural and engineering offices.
(c) Banks and financial institutions.

9Note(s)—Section 10-1.1315a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1320b.(1)(b) amended by Ordinance 99-18, adopted October 12, 1999.

Section 10-1.1320b.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1300 amended by Ordinance 13-12 , adopted November 19, 2013.

Section 10-1.1315(a) amended by Ordinance 13-16 , adopted December 3, 2013.

Section 10-1.1320(a) amended by Ordinance 13-16 , adopted December 3, 2013.

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber or beauty shop.
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Health Club.
(e) Martial arts studio.
(f) Music studio.
(g) Nail salon.
(h) Palm reading.
(i) Photography studio.
(j) Physical fitness studio.
(k) Shoe repair shop.
(l) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only.) (b) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bakery.
(e) Bicycle shop.
(f) Bookstore.
(g) Camera store.
(h) Card shop.
(i) Carpet/drapery store.

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(j) Clothing store.
(k) Coffee/espresso shop.
(l) Delicatessen.
(m) Fabric store.
(n) Floral shop.
(o) Furniture store.
(p) Garden supplies store.
(q) Gift shop.
(r) Hardware store.
(s) Jewelry store.
(t) Locksmith shop.
(u) Music store.
(v) Nursery (plant).
(w) Paint/wallpaper store.
(x) Pet grooming shop.
(y) Pet store. (Kennel-When ancillary to Pet Store)
(z) Plumbing and heating store.
(aa) Restaurant. (Where not abutting a residential district or property and no bar) (bb) Sporting goods store.
(cc) Stationary store.
(dd) Supermarket.
(ee) Theater. (Small Motion Picture or Live Performance only.) (ff) Toy store.
(gg) Variety store.
(hh) Video sales and rental store.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Reverse vending machine(s). (When located within a convenience zone) (7) Other Uses.
(a) Banquet hall. (Where not abutting a residential district or property and where no alcohol is served)
(b) Broadcasting studio.
(c) Catering facility.

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(d) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)
(e) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(f) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(g) Public agency facilities.
(h) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the CB District:
(1) Accessory buildings and uses. (See Section 10.1.845d.) (2) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (3) Home Occupation. (See definitions.)
(4) Household pets.
(5) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.1320 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CB District subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses. (See Section 10-1.1045.h. for special requirements) (a) Automobile repair (minor and major).
(b) Automobile service station.
(c) Car wash.
(d) Parking lot.
(3) Personal Services.

Suntan parlor.
(4) Residential Uses.

None.
(a) Single Room Occupancy. (See Section 10-1.2736(e) for criteria and standards.) (5) Retail Commercial Uses.
(a) Convenience market. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol)

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(b) Kennel. (Pet Boarding and Pet Day Care only)
(c) Restaurant. (Where abutting a residential district or property and no bar) (6) Service Commercial Uses.
(a) Appliance repair shop. (Not ancillary to primary use) (b) Hotel or motel. (Where not abutting a residential district or property) (c) Recycling Collection Area. (When located within a convenience zone) (7) Other Uses.
(a) Ambulance service.
(b) Auction.
(c) Banquet hall. (Where not abutting a residential district or property) (d) Carnival.
(e) Catering facility. (Where not abutting a residential district or property) (f) Commercial Amusement.
(g) Cultural facility.
(h) Educational facility.
(i) Home occupation - expanded.
(j) Hospital., convalescent home.
(k) Outdoor gathering. (See General Regulations Section 10-1.2735.g.) (l) Passenger transportation terminal.
(m) Recreational facility.
(n) Religious facility.
(o) Temporary use.
(p) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff.)
(q) Convalescent facility.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CB District subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.
(a) Check cashing store.
(b) Payday loan facilities.
(2) Automobile Related Uses.

Drive-in establishment.
(3) Personal Services.

Massage parlor.
(4) Residential Uses.

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

Multiple-family dwelling.
(5) Retail Commercial Uses. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.) (a) Bar, cocktail lounge.
(b) Commercial Cannabis Retail Dispensary. (See Section 10-1.3600) (c) Dance or night club.
(d) Liquor store.
(e) Theater, Large Motion Picture. (See Section 10-1.1045 for special requirements.) (6) Service Commercial Uses.

Hotel or motel. (Where abutting a residential district or property.) (7) Other Uses.
(a) Banquet hall. (Where abutting a residential district or property.) (b) Catering facility. (Where abutting a residential district or property.) (Amended by Ordinance 17-15 , adopted Nov. 28, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.1400 REGIONAL COMMERCIAL DISTRICT (CR)10
SEC. 10-1.1415 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CR District, as primary uses.
(1) Retail Commercial Uses.
(a) Major retail anchor. (Minimum 100,000 square feet required) (2) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
b. Secondary Uses. The following uses, or uses determined to be similar by the Planning Director, are only permitted as ancillary uses to the primary uses permitted in the CR District:
(1) Retail Commercial Uses. (No minimum square footage required) (a) Office supply, furniture and business machine stores. (b) Electronics store.
(c) Restaurant. (Full service only)
(d) Sporting goods store.
(e) Supermarket.

10Note(s)—Section 10-1.1445d. added by Ordinance 01-08, adopted July 17, 2001.

Entire Section Repealed and Replaced by Ordinance 07-16, adopted November 6, 2007.

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(2) Automobile Related Uses.
(a) Service station.
(3) Other Uses.
(a) Public agency facilities.
(4) Accessory buildings and uses. (See Section 10.1.845) (Amended by Ordinance 24-01 , adopted Jan. 23, 2024)
SEC. 10-1.1420 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CR District subject to approval of an administrative use permit:

None.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CR District, subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

None.
(3) Personal Services.

None.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.
(a) Restaurant. (Not full service)
(6) Service Commercial Uses.

None.
(7) Other Uses.

None.

SEC. 10-1.1520 CENTRAL CITY—COMMERCIAL SUBDISTRICT (CC-C)11

11Note(s)—Section 10-1.1522a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Section 10-1.1523b.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Maps in Section 10-1.1524, 10-1.1525 and 10-1.1526 amended August 2006.

Sections 10-1.1520 through 10-1.1523 amended by Ordinance 13-14 , adopted November 19, 2013.

Sections 10-1.1520 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

SEC. 10-1.1522 CC-C PERMITTED USES.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-C District as primary uses.
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check cashing stores) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.
(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber or beauty shop. (Excluding college)
(b) Dance studio.
(c) Dry cleaner/laundry.
(d) Health club.
(e) Martial arts studio.
(f) Music studio.
(g) Nail salon.
(h) Palm reading.
(i) Photography studio.
(j) Physical fitness studio.
(k) Shoe repair shop.
(l) Tailor/seamstress shop.
(4) Residential Uses.
(a) Residential dwelling unit(s). (Above first floor commercial uses only) (b) Single-family dwelling. (Existing as of May 4, 1993, including accessory structures and uses) (c) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(d) Small Unlicensed Group home. (See definitions)
(e) Small Licensed Group home. (See definitions)

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bicycle store.
(e) Bookstore.
(f) Camera store.
(g) Card shop.
(h) Carpet/drapery store.
(i) Clothing store.
(j) Consignment store.
(k) Fabric store.
(l) Floral shop.
(m) Furniture store.
(n) Garden supplies store.
(o) Gift shop.
(p) Grocer.
(q) Hardware store.
(r) Jewelry store.
(s) Locksmith shop.
(t) Music store.
(u) Paint/wallpaper store.
(v) Pet grooming shop.
(w) Pet store.
(x) Plumbing and heating store.
(y) Restaurant. (No bar)
(z) Sporting goods store.
(aa) Stationary store.
(bb) Supermarket.
(cc) Theater. (Small Motion Picture or Live Performance. Large Motion Picture Theater located between A and D Streets and Grand and Second Streets.)
(dd) Toy store.
(ee) Variety store.
(ff) Video sales and rental.

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(6) Service Commercial Uses.
(a) Appliance repair shop.
(b) Copying or reproduction facility.
(c) Mailing or facsimile service.
(d) Reverse vending machines. (When located within a convenience zone.) (7) Other Uses.
(a) Broadcasting studio.
(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)
(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions.)
(d) Educational facilities. Small, generally less than 2,000 square feet and designed to augment the learning process of elementary and secondary students.
(e) Public agency facilities.
(f) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the CC-C District:
(1) Accessory buildings and uses. (See Section 10.1.1555.) (2) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (4) Home occupation. (See definitions)
(5) Household pets.
(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City- Commercial Subdistrict.)
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.1523 CC-C CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses are permitted in the CC-C Subdistrict, subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

Parking lot or parking structure.
(3) Personal Services.
(a) Massage parlor. (When ancillary to a primary use such as a beauty shop.)

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(b) Suntan parlor.
(4) Residential Uses.

None.
(a) Single Room Occupancy. (See Section 10-1.2736(e) for criteria and standards.) (a)(b) Medium Licensed Group home. (See definitions)
(5) Retail Commercial Uses.

Wine Shop. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.) (6) Service Commercial Uses.
(a) Recycling collection area. (When located within a convenience zone) (b) Upholstery shop. (Furniture only)
(7) Other Uses.
(a) Ambulance service.
(b) Banquet hall. (Where no alcohol is served)
(c) Catering facility. (Where no alcohol is served)
(d) Day care center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(e) Educational facility.
(f) Farmer's market.
(g) Home occupation - expanded.
(h) Temporary use.
(i) Cultural facility.
(j) Commercial amusement facility.
(k) Educational facility.
(l) Hospital or convalescent home.
(m) Mortuary.
(n) Passenger transportation terminal.
(o) Recreational facility.
(p) Religious facility.
(q) Taxi company.
(r) Convalescent facility
b. Conditional Uses. The following uses are, or uses determined to be similar by the Planning Director, are permitted in the CC-C Subdistrict subject to the approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.

Check cashing store.
(2) Automobile Related Uses. (Refer to Section 10-1.1045h. for special requirements.)

Created: 2024-03-25 12:42:19 [EST]
(Supp. No. 22, Update 1)

(a) Automobile sales and rental.
(b) Automobile repair (minor and major).
(c) Automobile service station.
(d) Automobile storage facility. (See definitions)
(e) Car wash. Drive-in establishments.
(3) Personal Services.

Massage parlor. (When not ancillary to a primary use, such as a beauty shop) (4) Residential Uses.
(a) Multiple-family dwelling. (With dwelling units on first floor) (b) Large Unlicensed Group home. (See definitions)
(c) Large Licensed Group home. (See definitions)
(5) Retail Commercial Uses. (See Section 10-1.2750 et seq. for regulations of alcohol.) (a) Bar, cocktail lounge.
(b) Brewery or Distillery.
(c) Cabaret, Dance or Night Club. (See Chapter 6, Article 2 for regulations.) (d) Commercial Cannabis Retail Dispensary. (See Section 10-1.3600) (e) Convenience market.
(f) Liquor store.
(g) Pawn shop.
(h) Theater, Large Motion Picture. (Located outside area between A and D Streets and Grand and Second Streets. See Section 10-1.1045 for special requirements.) (6) Service Commercial Uses.

Hotel or motel.
(7) Other Uses.
(a) Auctions.
(b) Banquet hall. (Where alcohol is served. See Section 10-1.2750 et seq. for regulations of alcohol) (c) Card club. (Subject to Regulations in Chapter 4, Article 3 of the Hayward Municipal Code, "Card Club Regulations")
(d) Catering facility. (Where alcohol is served. See Section 10-1.2750 et seq. for regulations of alcohol)
(Amended by Ordinance 17-15 , adopted Nov. 28, 2017)
SEC. 10-1.1530 CENTRAL CITY—RESIDENTIAL SUBDISTRICT (CC-R)

Hayward, California, Municipal Code Created: 2024-03-25 12:42:23 [EST] (Supp. No. 22, Update 1)

SEC. 10-1.1530 CENTRAL CITY—RESIDENTIAL SUBDISTRICT (CC-R)12 SEC. 10-1.1532 CC-R PERMITTED USES.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R District as primary uses.
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

None.
(3) Personal Services.

None.
(4) Residential Uses.
(a) Artist's loft. Live/Work. (Live above place of business) (b) Boarding home.
(bc) Small Unlicensed Group home. (See definitions) Within existing single-family dwellings. (6 or fewer residents, excluding staff).
(c) Small Licensed Group home. (See definitions)
(d) Multiple-family dwellings. (Density per Downtown Hayward Design Plan) (e) [Reserved.]
(ef) Single-family dwelling. (Existing as of May 4, 1993, including their accessory structures and uses) (5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.

Reverse vending machines. (When located within a convenience zone.) (7) Other Uses.
(a) Ambulance service.
(b) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)
(c) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)

12Note(s)—Maps in Section 10-1.1534, 10-1.1535 and 10-1.1536 amended August 2006.

Section 10-1.1530 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:21 [EST]
(Supp. No. 22, Update 1)

(d) Public agency facilities.
(e) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the permitted uses in the CC-R Subdistrict:
(1) Accessory buildings and uses. (See Section 10.1.1555.) (2) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (4) Home occupation. (See definitions)
(5) Household pets.
(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City- Residential Subdistrict.)
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.1533 CC-R CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R Subdistrict subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.
(a) Accounting and financial offices. (Excluding check-cashing stores) (b) Architectural and engineering offices.
(c) Banks and financial institutions.
(d) Check cashing store.
(e) Chiropractic and acupuncture offices.
(f) Insurance and real estate offices.
(g) Law offices.
(h) Medical and dental offices.
(i) Travel and airline agency offices.
(2) Automobile Related Uses.
(a) Automobile parts store.
(b) Parking lot.
(3) Personal Services.
(a) Barber or beauty shop. (Excluding college)
(b) Dance studio.
(c) Dry cleaning/laundry.
(d) Health club.

Created: 2024-03-25 12:42:21 [EST]
(Supp. No. 22, Update 1)

(e) Martial arts studio.
(f) Massage parlor. (When ancillary to a primary and related use such as a beauty salon) (g) Nail salon.
(h) Palm reading service.
(i) Music studio.
(j) Photography studio.
(k) Physical fitness studio.
(l) Shoe repair.
(m) Suntan parlor.
(n) Tailor/seamstress shop.
(4) Residential Uses.

Boarding home. (a) Medium Licensed Group home. (See definitions) (b) Dormitory.
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bicycle store.
(e) Bookstore.
(f) Camera store.
(g) Card shop.
(h) Carpet/drapery store.
(i) Clothing store.
(j) Consignment store.
(k) Convenience market. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol)
(l) Fabric store.
(m) Floral shop.
(n) Furniture store.
(o) Garden supplies store.
(p) Gift shop.
(q) Hardware store.
(r) Jewelry store.
(s) Locksmith shop.

Created: 2024-03-25 12:42:21 [EST]
(Supp. No. 22, Update 1)

(t) Music store.
(u) Paint/wallpaper store.
(v) Pet grooming shop.
(w) Pet store.
(x) Plumbing and heating store.
(y) Restaurant, with bar. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol)
(z) Sporting goods store.
(aa) Stationary store.
(bb) Supermarket.
(cc) Toy store.
(dd) Variety store.
(ee) Video sales and rental.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Mailing or facsimile service.
(c) Recycling collection area.
(d) Taxi company.
(7) Other Uses.
(a) Ambulance service.
(b) Day care center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.)
(c) Educational facility.
(d) Farmer's market.
(e) Home occupation - expanded.
(f) Temporary use.
(g) Cultural facility.
(h) Educational facility.
(i) Hospital, convalescent home.
(j) Recreational facility.
(k) Religious facility.
(l) Convalescent facility.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R Subdistrict subject to approval of a conditional use permit:
(1) Administrative and Professional Offices/Services.

Created: 2024-03-25 12:42:21 [EST]
(Supp. No. 22, Update 1)

None.
(2) Automobile Related Uses.

None.
(3) Personal Services.

None.
(4) Residential Uses.
(a) Large Unlicensed Group home, large. (See definitions) (b) Large Licensed Group home. (See definitions)
(5) Retail Commercial Uses.
(6) Service Commercial Uses.

None.
(7) Other Uses.

None.
(Amended by Ordinance 17-15 , adopted Nov. 28, 2017; Amended by Ordinance 21-05 , § 2, adopted July 20, 2021) SEC. 10-1.1540 CENTRAL CITY—PLAZA SUBDISTRICT (CC-P)13
SEC. 10-1.1542 CC-P PERMITTED USES.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-P District as primary uses.
(1) Administrative and Professional Offices/Services. (Above first floor only) (a) Accounting and financial offices. (Excluding check cashing stores) (b) Architectural and engineering offices.
(c) Banks. (Excluding check cashing stores)
(d) Chiropractic and acupuncture offices.
(e) Insurance and real estate offices.
(f) Law offices.
(g) Medical and dental offices.
(h) Travel and airline agency offices.

13Note(s)—Section 1542a.(5) amended by Ordinance 04-19, adopted December 21, 2004.

Maps in Section 10-1.1544, 10-1.1545 and 10-1.1546 amended August 2006.

Section 10-1.1540 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:23 [EST]
(Supp. No. 22, Update 1)

(2) Automobile Related Uses.

Automobile parts store.
(3) Personal Services.
(a) Barber/beauty shop. (Excluding beauty college)
(b) Dry cleaning/laundry.
(c) Nail salon.
(d) Photography studio.
(e) Shoe repair.
(f) Tailor/seamstress shop.
(4) Residential Uses.
(a) Artist's loft.Live/Work. (Live above place of business; non-first floor only) (b) Residential dwelling unit(s).
(c) Single-family dwelling(s). (Existing as of May 4, 1993, including their accessory structures and uses, any floor)
(d) Residential development as provided in Government Code Sections 65852.24, 65913.4 and 65912.100, as amended from time to time.
(e) Small Unlicensed Group home. (See definitions)
(f) Small Licensed Group home. (See definitions)
(5) Retail Commercial Uses.
(a) Antique store.
(b) Appliance store.
(c) Art and art supplies store.
(d) Bicycle store.
(e) Bookstore.
(f) Camera store.
(g) Card shop.
(h) Carpet/drapery store.
(i) Clothing store.
(j) Consignment store.
(k) Fabric store.
(l) Floral shop.
(m) Furniture store.
(n) Garden supplies store.
(o) Gift shop.
(p) Hardware store.

Created: 2024-03-25 12:42:23 [EST]
(Supp. No. 22, Update 1)

(q) Jewelry store.
(r) Locksmith shop.
(s) Music store.
(t) Paint/wallpaper store.
(u) Pet grooming shop.
(v) Pet store.
(w) Plumbing and heating store.
(x) Restaurant. (No bar)
(y) Sporting goods store.
(z) Stationary store.
(aa) Supermarket.
(bb) Theater. (Small Motion Picture, Large Motion Picture or Live Performance.) (cc) Toy store.
(dd) Variety store.
(ee) Video sales and rental.
(6) Service Commercial Uses.
(a) Appliance repair shop. (Ancillary to appliance sales) (b) Copying or reproduction facility.
(c) Mailing or facsimile service.
(d) Reverse vending machines. (When located within a convenience zone) (7) Other Uses.
(a) Broadcasting studio.
(b) Public agency facilities
(c) Parks.
(d) Day Care Center. (State-licensed, less than 24-hour care for children or adults, 14 or more persons, excluding staff.)
(e) Low Barrier Navigation Center. (See Section 10-1.2736(b) for criteria and standards.) b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the permitted uses in the CC-P Subdistrict:
(1) Accessory buildings and uses. (See Section 10.1.845a.—d.) (2) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(3) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (4) Home Occupation. (See definitions)
(5) Household pets.

Created: 2024-03-25 12:42:23 [EST]
(Supp. No. 22, Update 1)

(6) Indoor storage. (Clearly subordinate to a primary or conditional use that is open to the public and which conforms to the policies and goals of the Redevelopment Agency and the Central City-Plaza Subdistrict.
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.1543 CC-P CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-P Subdistrict subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services. (On first floor) (a) Accounting and financial offices.
(b) Architectural and engineering offices.
(c) Chiropractic and acupuncture offices.
(d) Insurance and real estate offices.
(e) Law offices.
(f) Medical and dental offices.
(g) Travel and airline agency offices.
(2) Automobile Related Uses.

None.
(3) Personal Services.
(a) Dance studio. (Non-first floor only.)
(b) Health club. (Non-first floor only.)
(c) Marshall arts studio. (Non-first floor only.)
(d) Music studio. (Non-first floor only.)
(e) Physical fitness studio. (Non-first floor only.)
(f) Suntan parlor. (Non-first floor only.)
(4) Residential Uses.

None.
(a) Medium Licensed Group home. (See definitions)
(a)(b) Dormitory.
(5) Retail Commercial Uses.

None.
(6) Service Commercial Uses.
(a) Recycling collection area. (When located within a convenience zone.) (b) Upholstery shop. (Furniture only)
(7) Other Uses.

Created: 2024-03-25 12:42:23 [EST]
(Supp. No. 22, Update 1)

(a) Ambulance service. (Above first floor only)
(b) Banquet hall. (Where no alcohol is served)
(c) Catering facility. (Where no alcohol is served)
(d) Day care center. (Above first floor only. State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions.) (e) Farmer's market. (First floor only.)
(f) Home occupation - expanded. (See definitions.)
(g) Temporary use.
(h) Convalescent facility.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the CC-R Subdistrict subject to approval of an conditional use permit:
(1) Administrative and Professional Offices/Services.

Check cashing store. (First floor only)
(2) Automobile Related Uses.

Parking lot or parking structure. (Above first floor only) (3) Personal Services.

Massage parlor. (Above first floor only)
(4) Residential Uses.

None.
(a) Large Unlicensed Group home. (See definitions)
(a)(b) Large Licensed Group home. (See definitions)
(5) Retail Commercial Uses. (See General Regulations Section 10-1.2750 et seq. for regulations of alcohol.) (a) Bar, cocktail lounge.
(b) Commercial Cannabis Retail Dispensary. (See Section 10-1.3600) (c) Dance or night club.
(d) Convenience market.
(e) Liquor store.
(6) Service Commercial Uses.

Hotel or motel. (Above first floor only)
(7) Other Uses.
(a) Auctions. (Above first floor only)
(b) Banquet hall.
(c) Catering facility.
(d) Commercial amusement facility.
(e) Cultural facility.

Created: 2024-03-25 12:42:23 [EST]
(Supp. No. 22, Update 1)

(f) Educational facility.
(g) Hospital., convalescent home. (Above first floor only) (h) Recreational facility.
(i) Religious facility. (Above first floor only)
(Amended by Ordinance 17-15 , adopted Nov. 28, 2017)
SEC. 10-1.1600 INDUSTRIAL DISTRICTS 14
SEC. 10-1.1603 USE REGULATIONS—INDUSTRIAL SUBDISTRICTS.

Table 10-1.1603, Land Use Regulations—Industrial Subdistricts, sets the land use regulations for Industrial Subdistricts by letter designation as follows unless a use or activity is prohibited or subject to a higher level of permit pursuant to other parts of this Section, other requirements of the Hayward Municipal Code, or other applicable regulations:
"P" designates permitted uses.
"A" designates uses that are permitted after review and approval of an Administrative Use Permit. "C" designates uses that are permitted after review and approval of a Conditional Use Permit. "-" designates uses that are not allowed.

A project which includes two or more categories of land use in the same building or on the same site is subject to the highest permit level required for any individual use or single component of the project.

Section numbers in the right-hand column refer to other sections of the Zoning Ordinance or other limitations as well as subsections A through E following the Table.

Land uses are defined in Article 1, Section 10-1.3500, Definitions. In cases where a specific land use or activity is not defined, the Planning Director or other approving authority shall assign the land use or activity to a classification that is substantially similar in character. Land uses defined in the Hayward Municipal Code and not listed in the table or not found to be substantially similar to the uses below are prohibited. Unless otherwise explicitly stated, all uses shall be conducted indoor.

Table 10-1.1603: Use Regulations—Industrial Subdistricts "P" Permitted Use; "A" Administrative Use Permit Required; "C" Conditional Use Permit Required; "-" Use Not Allowed (unless prohibited or subject to a higher level of permit pursuant to other parts of this Section or other applicable regulations) Use Subdistrict Additional Regulations

IL IP IG
Residential Uses
Caretakers Quarters A A A Limited to one dwelling per parcel unit no greater than 1,200 square
feet in size for a caretaker or
security employee necessary and

14Section 10-1.1600 replaced by Ordinance 19-10 , adopted June 4, 2019.

Created: 2024-03-25 12:42:25 [EST]
(Supp. No. 22, Update 1)

incidental to the primary use on-
site.

Single Room Occupancy A* A* A* Only permitted if conversion of existing hotel. See Section 10-

1.2736(e) for criteria and
standards.

Administrative and Professional Offices/Services
Architectural Service, Drafting
Service, Engineering Service

P P P
Banks P P P
Financial Institutions P P P
Medical/Dental Laboratory P P P
Office P P P
Automobile Related Uses
Automobile Brokerage Office P P P See definition. Maximum of two vehicles on site.

Automobile Dismantling Facility - - C
Automobile Parts Store P P P
Automobile Rental - - A
Automobile Repair, Major - - P
Automobile Repair, Minor A P P
Automobile Sales - - -
Automobile Service Station - - A See Section 10-1.1045, Minimum Design and Performance
Standards, for special requirements
Automobile Storage Facility - - A
Automobile Storage Yard - - C
Automobile Towing Yard - - C
Automobile Wholesale P P P See definition. No vehicles permitted on-site.

Car Wash A A A If applicable, see Section 10-

1.1045, Minimum Design and
Performance Standards, for special
requirements
Drive-In Establishments A A A See Section 10-1.1045, Minimum Design and Performance
Standards, for special requirements
Recreational Vehicle Storage
Facility
- - C
Industrial Uses
Brewery A P P See Section 10-1.2750 et seq. for
Alcoholic Beverage Outlet
Regulations
Cannabis See below
Commercial Cannabis Cultivation
(up to 5,000 square feet)
A A A See Section 10-1.3600, Cannabis
Commercial Cannabis Cultivation
(5,001 square feet or Greater)
C C C See Section 10-1.3600, Cannabis

Created: 2024-03-25 12:42:25 [EST]
(Supp. No. 22, Update 1)

Commercial Cannabis Delivery A A A See Section 10-1.3600, Cannabis Commercial Cannabis Retail
Dispensary
C - - See Section 10-1.3600, Cannabis
Commercial Cannabis
Distribution
A A A See Section 10-1.3600, Cannabis
Commercial Cannabis
Manufacturing Level 1, (Up to
5,000 square feet)
A A A See Section 10-1.3600, Cannabis
Commercial Cannabis
Manufacturing, Level 1, (5,001
square feet or greater)
C C C See Section 10-1.3600, Cannabis
Commercial Cannabis
Manufacturing, Level 2
C - - See Section 10-1.3600, Cannabis
Commercial Cannabis
Microbusiness
C C C See Section 10-1.3600, Cannabis
Commercial Testing Laboratory P P P See Section 10-1.3600, Cannabis Contractor Services P P P
Storage Yard - - C
Distillery A A A See Section 10-1.2750 et seq. for
Alcoholic Beverage Outlet
Regulations
Industrial Equipment Sales, Rental
& Service
- - P
Manufacturing See below
Custom Manufacturing P P P
General Manufacturing - P P
Light Manufacturing P P P
Micro-Brewery C C C See Section 10-1.2750 et seq. for Alcoholic Beverage Outlet
Regulations
Passenger Transportation Terminal A A A
Railroad Yard - - C
Recycling Facilities See below
Small Recycling Collection
Facilities
See Section 10-1.2735(j), Small Recycling Collection Facilities and Unattended Collection Boxes
Large Recycling Collection
Facilities
- - A
Recycling Processing Facilities - - C
Renewable Electric Power
Generation, Transmission, and
Distribution

C A A
Research and Development P P P
Truck Terminal - - C
Warehouse and Distribution
Facility, less than 150,000 square
feet of floor area

P P P

Created: 2024-03-25 12:42:25 [EST]
(Supp. No. 22, Update 1)

Warehouse and Distribution
Facility, 150,000 square feet or
more of floor area

C C C
Waste Treatment Facility - - C
Waste Transfer/Handling Facility - - A
Wholesale Establishment, less than
150,000 square feet of floor area

P P P
Wholesale Establishment, 150,000
square feet or more of floor area

C C C
Wind Energy Conversion System A A A
Personal Services
Barber, Beauty Shop P P P
Dry Cleaner/Laundry P P P
Shoe Repair Shop P P P
Tailor/Seamstress Shop P P P
Tattoo Parlor A - -
Retail Commercial Uses
Appliance Store P - -
Bar, Cocktail Lounge C C C See Section 10-1.2750 et seq. for Alcoholic Beverage Outlet
Regulations
Building Materials (Sales) - - P
Carpet/Drapery Store P - -
Convenience Market P P P
Furniture Store P - -
Nursery (Plants) P - -
Restaurant P P P
Retail P P Sale of goods
produced on
site: P;
otherwise: C

Service Commercial Uses
Appliance Repair Shop P P P
Contractor Services P P P
Copying or Reproduction Facility P P P
Equipment Rental Service P P P
Hotel P P A
Mailing or Facsimile Service P P P
Motel P P A
Upholstery Shop P P P
Other Uses
Animal Hospital P - -
Broadcasting Studio P P P
Catering Facility P P P
Christmas Tree and Pumpkin Patch
Lots
P P P See Section 10-1.2735.c, Christmas
Tree and Pumpkin Patch Lot
Regulations

Created: 2024-03-25 12:42:25 [EST]
(Supp. No. 22, Update 1)

Commercial Amusement Facility A A -
Cultural Facility A - -
Day Care Center A A C* *Only permitted in IG District if day care center is intended to serve
employees of a large-scale business
or business park.

Educational Facilities A A A* *Only permitted in IG District if included within business park
development.

Food Vendor P P P Subject to Food Vendor Permit. See Section 10-1.2735(m), Food Vendor
Permit
Industrial/Vocational Trade School P P P Limited to programs serving persons 18 years or older
Health Club See below
Facilities that are only available
for use by employees

P P P
Facilities that may be used by the
public

A A A
EmergencyHomeless Shelter P* P* P* *Permitted on city-owned property. See Section 10-1.2736(a)
for criteria and standards.)
Psychiatric and Rehabilitation
Facility
A A A
Kennel C A A
Public Agency Facilities P P P
Media Production A A A
Recreational Facility See below
Facilities that are only available
for use by employees

P P P
Facilities that may be used by the
public

A A A
Religious Facility A - -
Taxi Company - - A
Temporary Uses A A A

SEC. 10-1.1900 AIR TERMINAL DISTRICT (AT)15

15Note(s)—Section 10-1.1985dd. added by Ordinance 01-08, adopted July 17, 2001.

Section 10-1-1900 amended by Ordinance 13-12 , adopted November 19, 2013.

Created: 2024-03-25 12:42:26 [EST]
(Supp. No. 22, Update 1)

SEC. 10-1.1950 AIR TERMINAL—COMMERCIAL SUBDISTRICT (AT-C) SEC. 10-1.1952 AT-C USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-C District, as primary uses.
(1) Administrative and Professional Offices/Services.
(a) [Reserved.]
(b) Architectural service.
(c) Banks and financial institutions.
(d) [Reserved.]
(e) Drafting service.
(f) Engineering service.
(g) Offices.
(h) Travel agency.
(2) Automobile Related Uses.

Parking lot. (Requires Site Plan Review.)
(3) Personal Services.

Health club.
(4) Residential Uses.

None.
(5) Retail Commercial Uses.
(a) Restaurant. (No drive-through.)
(b) Retail sales within a hotel or motel.
(6) Service Commercial Uses.
(a) Copying or reproduction facility.
(b) Hotel or motel.
(c) Mailing or facsimile service.
(d) Reverse vending machines(s). (When located within a convenience zone.) (7) Other Uses.
(a) Broadcasting studio. (Radio and television.)
(b) Christmas tree or pumpkin patch lot. (See Section 10-1.2735.c. for standards.) (c) Public agency facilities.
(d) Research and development.

Created: 2024-03-25 12:42:26 [EST]
(Supp. No. 22, Update 1)

(e) Wholesale sales.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-C Subdistrict:
(1) Accessory buildings and uses. (See Section 10-1.1985.a.—c.) (Amended by Ordinance 19-10 , adopted June 4, 2019)
SEC. 10-1.1953 AT-C CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-C Subdistrict, subject to approval of an administrative use permit:
(1) Administrative and Professional Offices/Services.

None.
(2) Automobile Related Uses.

Automobile Rental.
(3) Personal Services.

None.
(4) Residential Uses.

None.
(a) Single Room Occupancy (Only permitted if conversion of existing hotel, see Section 10-1.2736(e) for criteria and standards.)
(5) Retail Commercial Uses.

Retail sales of retail goods with a regional or sub-regional marketing base, including but not limited to discount retail or warehouse retail, on land not to exceed 8 acres which is visible to Hesperian Boulevard.
(a) Apparel.
(b) Appliances.
(c) Art goods.
(d) Bicycles.
(e) Cameras.
(f) Crafts.
(g) Electronics.
(h) Hardware.
(i) Household furnishings.
(j) Office supplies.
(k) Sporting goods
(l) Similar uses as determined by the Planning Director. (6) Service Commercial Uses.

Created: 2024-03-25 12:42:26 [EST]
(Supp. No. 22, Update 1)

None.
(7) Other Uses.
(a) Industrial/Vocational Trade School. (For persons 18 years of age and older) (b) Health club. (For persons 18 years of age and older) (c) Temporary use.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-C Subdistrict, subject to approval of a conditional use permit:

None.
(Amended by Ordinance 19-10 , adopted June 4, 2019)
SEC. 10-1.1970 AIR TERMINAL—MEDIUM DENSITY RESIDENTIAL SUBDISTRICT (AT-RM) SEC. 10-1.1972 AT-RM USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the AT-RM District, when not specified as an administrative or conditional use. (1) Residential Uses.
(a) Multiple-family dwelling.
(b) Single-family dwelling.
(c) Small Unlicensed Group home. (See definitions)
(d) Small Licensed Group home. (See definitions)
(2) Other Uses.
(a) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(b) Public agency facilities. (See definitions)
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the uses permitted in the AT-RM District:
(1) Residential Uses.
(a) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(2) Other Uses.
(a) Accessory buildings and uses. (See Section 10.1.1985) (b) Garage sales. (4 per year per dwelling. See General Regulations Section 10-1.2735.d.) (c) Home occupation. (See definitions)

Created: 2024-03-25 12:42:26 [EST]
(Supp. No. 22, Update 1)

(d) Household pets.
(e) Day Care Center. (State-licensed, unless than 24-hour care for children or adults, 15 or more persons, excluding staff.)
(Amended by Ordinance 17-16 , adopted Nov. 7, 2017; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.1973 AT-RM CONDITIONALLY PERMITTED USES.
a. Administrative Uses.
(1) Residential Uses. None.
(a) Medium Licensed Group Home. (See definitions)
b. Conditional Uses.
(1) Residential Uses. None.
(a) Large Unlicensed Group home. (See definitions)
(b) Large Licensed Group home. (See definitions)
SEC. 10-1.2000 AGRICULTURAL DISTRICT (A)16
SEC. 10-1.2015 USES PERMITTED.
a. Primary Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the A District as primary uses:
(1) Agricultural Uses.
(a) Crop and tree farming. (Including truck gardening, nurseries, greenhouses, apiaries, hatcheries, aviaries, flower or vegetable gardens and similar uses) (b) Farm or ranch. (For the grazing or breeding of livestock, provided livestock is not kept within a distance of 40 feet from any dwelling, or the boundary of any district other than A or FP Districts.)
(c) Sale of fruits, vegetables, and flowers grown on premises. (Provided sales or displays are not conducted from a motor vehicle, or a structure or stand exceeding 300 square feet in area.) (2) Residential Uses.
(a) Single-family dwelling.
(b) Small Unlicensed Group home. for 6 or fewer residents, excluding staff. (See definitions) (c) Small Licensed Group home. (See definitions)
(3) Other Uses.

16Section 10-1.2020(b)(3) amended by Ordinance 04-13, adopted September 28, 2004.

Section 10-1.2000 amended by Ordinance 13-12, adopted November 19, 2013.

Created: 2024-08-19 11:54:05 [EST]
(Supp. No. 23, Update 1)

(a) Christmas tree or pumpkin patch lot. (See General Regulations Section 10-1.2735.c. for standards)
(b) Day care home. (State-licensed, less than 24-hour care for children or adults, 14 or fewer persons, excluding staff. See definitions)
(c) Public agency facilities.
b. Secondary Uses. The following uses are permitted as secondary or subordinate uses to the primary uses permitted in the A District:
(1) Residential Uses.
(a) Accessory Dwelling Unit(s). (Where primary use is residential. See Section 10-1.2740 for criteria and standards.)
(b) Second single-family dwelling. (Where one single-family dwelling already exists on a lot, one additional single-family dwelling may be constructed provided the minimum development standards (lot size, setbacks, height, etc.) can be met for each dwelling). (2) Other Uses.
(a) Accessory buildings and uses. (Including green houses, stables, barns, corrals, pens, coops, and structures used for parking or processing of products raised upon the premises, and similar uses and structures customarily incidental to agricultural uses. Also see Section 10-1.2735.e.) (b) Garage sales. (4 per year per dwelling. See Section 10-1.2735.d.) (c) Home occupation. (See definitions)
(d) Livestock, large and small. (See Section 10-1.2735.e. and definitions.) (Amended by Ordinance 17-16, adopted Nov. 7, 2017; Amended by Ordinance 24-01, adopted Jan. 23, 2024) SEC. 10-1.2020 CONDITIONALLY PERMITTED USES.
a. Administrative Uses. The following uses, or uses determined to be similar by the Planning Director, are permitted in the A District, subject to approval of an administrative use permit:
(1) Agricultural Uses.
(a) Riding stable or academy.
(b) Kennel.
(2) Residential Uses.
(a) Medium Licensed Group home. (See definitions) None. (3) Other Uses.
(a) Ambulance service.
(b) Day care center. (State-licensed, less than 24-hour care for children or adults, 15 or more persons, excluding staff. See definitions)
(c) Home occupation, expanded. (See definitions)
(d) Hospital., convalescent home.

SEC. 10-1.2700 GENERAL REGULATIONS

Hayward, California, Municipal Code Created: 2024-03-25 12:42:29 [EST] (Supp. No. 22, Update 1)

(e) Kennel.
(f) Parking lot.
(g) Temporary use.
(h) Wind energy conversion system.
(i) Convalescent facility.
b. Conditional Uses. The following uses, or uses determined to be similar by the Planning Director, are conditional uses permitted in the A District, subject to the approval of a conditional use permit:
(1) Agricultural Uses.

None.
(2) Residential Uses.
(a) Large Unlicensed Group home. (See definitions)
(b) Large Licensed Group home. (See definitions)
Large group homes shall not be closer than 500 feet of the boundaries of a parcel containing another Group Home, unless a conditional use permit is issued on the basis that waiver of such separation requirement would not be materially detrimental or injurious to the property, improvements or uses in the immediate vicinity.
(3) Other Uses.
(a) Asphalt or concrete batch plant, when ancillary to a quarry. (b) Cultural facility.
(c) Educational facility.
(d) Golf course, country club.
(e) Quarry.
(f) Recreational facility.
(g) Religious facility.

SEC. 10-1.2700 GENERAL REGULATIONS17

17Section 10-1.2735 k. amended by Ordinance 03-08, adopted May 27, 2003.

Section 10-1.2735 b. repealed and replaced by Ordinance 06-03, adopted January 24, 2006.

Section 10-1.2735 b. amended by Ordinance 10-01, adopted January 5, 2010.

Section 10-1.2735 b. repealed and replaced by Ordinance 13-12 , adopted November 19, 2013.

Section 10-1.2735 c.—k. renumbered by Ordinance 13-12 , adopted November 19, 2013.

Sections 10-1.2735 i. amended by Ordinance 15-22 , adopted October 13, 2015.

Sections 10-1.2725 g., 10-1.2735 j. amended by Ordinance 15-30 , adopted December 1, 2015.

Sections 10-1.2735 e. amended by Ordinance 16-04 , adopted January 19, 2016.

Created: 2024-03-25 12:42:29 [EST]
(Supp. No. 22, Update 1)

SEC. 10-1.2735 SPECIAL STANDARDS AND CONDITIONS FOR COMMERCIAL, INDUSTRIAL AND TEMPORARY/ACCESSORY CERTAIN USES.

Special standards and conditions as set forth below are applicable to uses enumerated in this Section and listed in the individual districts. Departure or variation from these standards is permitted only when it can be established by the applicant that the intent and purpose of the district or the necessary findings for permit approval, as specified in this ordinance, are not compromised. Where warranted by ordinance regulations or to implement official City policy, standards of development may be required that exceed those listed in this Section. a. Adult Entertainment Activity Regulations.
(1) Purpose. In adopting these regulations it is recognized that certain types of adult entertainment activities possess objectionable operational characteristics which, when concentrated, have a deleterious effect upon adjacent areas. It is also recognized that locating adult entertainment activities in the vicinity of facilities frequented by minors will cause the exposure of adult material to minors who, because of their immaturity, may be adversely affected by them. Special regulations of sex-oriented, adult entertainment businesses is necessary to insure that adverse effects will neither contribute to the blighting or downgrading of surrounding neighborhoods nor have an adverse effect on minors.
(2) Definitions. For the purpose of these regulations, certain terms and words shall have the following meanings:
(a) Adult Entertainment Activity. An activity which is characterized by an emphasis on depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Said term includes, by way of illustration only, the following:
(i) Adult Arcade. An establishment where one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas.
(ii) Adult Bookstore. An establishment having as a substantial or significant portion of its stock-in-trade, and offers for sale one or more of the following: books, magazines, and other periodicals which are substantially devoted to the depiction of "specified sexual activities" or "specified anatomical areas." (iii) Adult Gift Store. An establishment having as a substantial or significant portion of its stock in trade, and offers for sale one or more of the following:
instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" (i.e., "adult gifts.") (iv) Adult Motion Picture Theater. An enclosed building used for presenting material in the form of motion picture film, video tape or other similar means, and in which a substantial portion of the total presentation time is devoted to the depiction of "specified sexual activities" or "specified anatomical areas" for observation by persons therein.
(v) Adult Theater. A theater, concert hall, auditorium or similar establishment in which a substantial portion of the total presentation time is devoted to live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

Created: 2024-03-25 12:42:29 [EST]
(Supp. No. 22, Update 1)

(vi) Sexual Encounter Establishment. An establishment which provides a place where two or more persons may congregate, associate or consort in connection with "specified sexual activities" or the exposure of "specified anatomical areas." This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the State of California engages in sexual therapy.
(b) Specified Sexual Activities. This term shall be used herein to mean:
(i) Human genitals in a state of sexual stimulation or arousal; (ii) Acts of human masturbation, sexual intercourse or sodomy; (iii) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(c) Specified Anatomical Areas. This term shall be used herein to mean:
(i) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) Location. No person shall place, maintain, own or operate any adult entertainment activity, as herein defined, in the following locations:
(a) Within 500 feet of any parcel of real property zoned primarily for residential use; or (b) Within 500 feet of any parcel of real property on which is located any of the following facilities:
(i) A school primarily attended by minors;
(ii) A church which conducts religious education classes for minors; (iii) A public park, playground or other recreational facility; (iv) A museum;
(v) A library.
(c) Within 500 feet of any other adult entertainment activity as herein defined. (4) Public Display of Certain Matter Prohibited. No person shall place, maintain, display or exhibit any material in a manner which exposes to public view photographs or illustrations of "specified sexual activities" or of poses which emphasize or direct the viewer's attention to "specified anatomical areas." As used herein, "exposes to public view" means exposes to the view of persons outside the building in which said material is placed, maintained or displayed. (5) Discontinuance of Nonconforming Activities. No later than September 19, 1980, all adult entertainment activities made nonconforming by reason of the provisions hereof, except those activities rendered nonconforming because of being within 500 feet of any other adult entertainment activity, shall be discontinued or shall be brought into full conformance with the provisions hereof, except that such activities may be allowed to continue for an additional period upon the approval of a variance with the finding that the activity is obligated by written lease entered into before the effective date of this section for a period exceeding two years from such effective date, or that the activity involves investment of money in leasehold or improvements of such that a longer period is necessary to prevent undue financial hardship.

Created: 2024-03-25 12:42:29 [EST]
(Supp. No. 22, Update 1)

b. Catering Truck Standards. All catering truck operations shall comply with the following standards:
(1) Catering trucks shall only park on private property with the permission of said property owner(s). (2) Catering trucks shall not park on any City streets, rights-of-way or property. (3) Catering trucks shall not be located on a single parcel more than 20 minutes at a time. (4) Catering trucks shall not be located within 300 yards of a food vendor as defined in this Ordinance.
(5) Catering trucks shall not return to the same location within less than two hours. (6) Catering trucks shall obtain all necessary approvals for the County Health Department and City of Hayward Police Department.
c. Christmas Tree and Pumpkin Patch Lot Regulations. All Christmas tree and pumpkin patch lots shall comply with the following standards:
(1) Pumpkin Patch lots shall not be established before October 1 of each year and Christmas tree lots shall not be established before November 22 of each year. Annual permits must be obtained from the Fire Department and the Building Division.
(2) Prior to opening for business, all Fire Department and the Building Division permits shall be obtained. The lot shall be maintained and operated in compliance with all Fire Department and the Building Division requirements.
(3) No merchandise, equipment, vehicles, refuse, or other material associated with the proposed lot shall block circulation or parking aisles outside fenced areas. (4) No aspect of the proposed operation shall impede access to any public driveway, nor any parking areas required for the operation of surrounding uses.
(5) All parking and loading must be done on the lot and not on any public street. Parking areas shall be surfaced to prevent mud or dust from being tracked onto the public right-of-way. (6) An electrical permit must be obtained prior to installation of any lighting. (7) Fencing around the premises shall be properly stabilized. (8) Signs shall be confined to the designated lot area only and must not obstruct vision of motorists. (9) If sawdust or other similar material is used to cover the lot, it shall be kept moist. (10) A minimum of one employee shall be on the premises at all times to insure compliance with the conditions of approval.
(11) All trees or pumpkins, merchandise, debris, fences, poles, hay or sawdust and other evidence of the use must be removed within 7 days after the Halloween or Christmas Holiday. To the maximum extent possible, all wood products must be recycled. While other recycling facilities may be used, it is preferred that all wood products such as trees, tree stands, and sawdust (but not including flock and tinsel) be recycled by drop-off at the City of Hayward Water Pollution Control Facility.
(12) Notices must be conspicuously posted on the lot and distributed to customers at the point of sale providing information about the City of Hayward Christmas tree Recycling Program provided by the Office of Solid Waste Management.
d. Cannabis, Personal Cultivation and Commercial Cannabis. Refer to Section 10-1.3600, Cannabis.

Created: 2024-03-25 12:42:29 [EST]
(Supp. No. 22, Update 1)

e. Garage Sales. Garage sales, also referred to as yard sales, shall not create a public nuisance as defined herein, and shall be limited to a maximum of four times per year per dwelling for single-family homes, and four times per year per development for multi-family areas. f. Livestock, Apiaries, and Household Pets.
(1) Minimum Lot Area. The minimum lot area for any lot used to maintain livestock and other animals, except for household pets, whether a temporary use or principal use of the property, shall be the lesser of either the minimum lot area specified in the zoning district in which the property is located or the area hereinafter specified:
(a) For large and medium livestock, the minimum lot area shall be 20,000 square feet; (b) For exotic animals, poultry or other birds, the minimum lot area shall be 4,000 square feet, or greater, depending on the species of the animal, as determined by the Planning Director; (c) For apiaries, the minimum lot area shall be 4,000 square feet. (2) Maximum Number of Animals. The maximum number of livestock or any other animals allowed pursuant to this section is subject to a determination by the Planning Director that the site is suitable, including consideration of size, configuration and location, and can support the number of livestock or other animals without creating nuisance problems for surrounding residential properties. The following limits shall apply:
(a) Livestock: In no case shall the number of livestock, as defined herein, kept or maintained on any lot exceed one large livestock for each 20,000 square feet of land contained in such parcel, or one medium livestock for each 10,000 square feet of land contained in a minimum 20,000 square foot parcel.
(b) Fowl: In no case shall hens, ducks, pigeons, or other small fowl be kept on a parcel that is less than 4,000 square feet in size.
(c) Apiaries: For apiaries, in no case shall the number of hives exceed two for a parcel which is less than 40,000 square feet in size or zero for a parcel which is less than 4,000 square feet in size.
(d) Duration of Limit: Once a permit is granted establishing the maximum number of animals allowed on a property, the permittee is entitled to maintain that maximum number of animals indefinitely as long as an animal(s) has existed continuously, in that six months have not passed where there were no animals on the property. (3) Minimum Available Open Area. All livestock or other animals shall be provided with the minimum available open area specified below (such area may include barns, stables, sheds or similar structures used to house animals):
(a) For large livestock, the minimum available open area per animal shall be 5,000 square feet; (b) For medium livestock, the minimum available open area per animal shall be 2,500 square feet;
(c) For poultry, the minimum available open area per animal shall be 36 square feet; (d) For exotic animals, the minimum available open area per animal shall be as determined by the Planning Director, based on the species of the animal. (4) Buildings and Structures. All animals shall be provided with adequate shelter or other protection from the elements. Shelter may be provided through the construction of a coop, stable, or other structure, as appropriate for the species of animal and as determined by the Planning Director.

Buildings and structures used for the housing of animals shall be located behind the principal

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structure on the lot. Such buildings and structures may be located elsewhere on the lot due to topography or other special characteristics of the lot, subject to approval of the Planning Director. Such structures shall be large enough and designed such that all animals may lie down, stand up, fully extend their limbs and turn around freely, as required by the section 1350 of Title 3 of the California Code of Regulations, as may be amended from time to time. Hives and accessory structures for the keeping of livestock or household pets shall not be located in front of a primary structure.
(5) Maximum Height of Structures. No building or structure used for the housing of animals shall be erected or maintained on any lot to a height greater than that permitted for accessory structures in the respective zoning district. For small livestock and household pets, the maximum height of an enclosure shall be six feet, except for beehives. For beehives, the maximum height shall be limited to four feet. A greater height may be permitted based on consideration of special characteristics of the lot, including, but not limited to, topography, lot size, and building placement, and subject to approval of the Planning Director. (6) Minimum Setback Requirements. All barns, stables, and other structures used for the housing of animals, except for household pets, on any lot shall be located not less than 20 feet from any property line and not less than 40 feet from any dwelling on the same or adjoining lot. Beehives and all structures for the housing of household pets, including chicken coops, shall be located not less than 5 feet from any property line and not less than 6 feet from any dwelling on the same or adjoining lot. The distances as specified in this subsection may be reduced or waived upon the finding that such distances are not necessary for the protection of nearby residences. (7) Fence Requirements. All areas containing livestock or other animals shall be enclosed by fences which are good, strong, substantial, and sufficient to prevent the ingress and egress of livestock or other animals. Such fences shall be designed and constructed of appropriate materials and be of an adequate height so as to control and contain such animals at all times, while avoiding injury to such animals, preventing such animals from reaching across any property lines, and of a design that does not detract from the appearance of the site or surrounding area. Where bees are proposed to be kept, a solid fence of at least six feet in height shall be erected along all property lines within ten feet of the hive. Hives shall not be located in areas where this requirement cannot be met due to height limitations for fences.
(8) Maintenance of Livestock and Other Animals. All livestock and other animals shall be kept or maintained so as to minimize and prevent production of flies, excessive odor, dust, noise, or other conditions detrimental to the community health and welfare, by applying the following minimum requirements:
(a) Manure must be removed daily from the corral, stable, paddock, or other holding areas and stored in fly-tight containers, cans or holding boxes, until disposal; roosts, lofts, and rabbit hutches must be cleaned daily unless worm beds are maintained under the rabbit hutches. Composting or similar treatments may be permissible if performed to appropriate standards so as not to constitute a nuisance, as determined by Planning Director. (b) Watering troughs must be so constructed and located that they do not overflow excessively in the stall, corral or paddock area, as to promote mosquito larvae growth. (c) Hay must be stored in such a manner so as not to become a nesting place for rodents, i.e., stored in rodent-proof buildings or off the floor and away from walls, other material or equipment.
(d) Grain feeds shall be stored in rodent-proof containers or buildings, i.e., metal cans or rodent-proof feed cribs; all other feed must be stored in vermin-proof containers.

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(e) The entire area set aside for the animals shall be cleared of all rubbish and debris. (f) Livestock shall not be abandoned on any property or right-of-way in the City of Hayward.

Any application for a permit to keep livestock shall include a preliminary plan for the eventual discontinuation of the keeping of livestock on the site, including a method for the relocation of livestock.
(g) Where apiaries are proposed to be sited within one hundred feet of any residence, a person responsible for management of the hives must reside on the property. (9) Livestock as a Legal, Nonconforming Use. Livestock existing as a legal, nonconforming use may continue indefinitely as long as (1) the livestock have existed continuously in that six months have not passed when there were no livestock on the site, (2) the maximum number of livestock established as a nonconforming use is not increased, and (3) as long as there is no intensification of livestock, e.g., legal, nonconforming medium livestock may not be intensified by replacing them with large livestock. The burden of proof for establishing the legal, nonconforming status of livestock rests with the property owner subject to the endorsement of the Planning Director. (10) Permit Required. As provided in the Zoning Ordinance, a Zoning Conformance Permit is required prior to the establishment of household pets or apiaries as a secondary use. This requirement shall be waived for household pets where the enclosure is located at least forty feet from any residence, and for apiaries where the hives are located at least one hundred feet from any residence. An application for a Zoning Conformance Permit shall be reviewed by the Planning Director or their designee and shall be approved if all of the standards of this section are met. (a) Household Pets: A Zoning Conformance Permit is required for the establishment of the following household pets: Hens, ducks, pigeons, rabbits and other similar small animals, as determined by the Planning Director, where the proposed total number on a property does not exceed four (4) of such animals. An application for a Zoning Conformance Permit shall be submitted on a self-certification form, wherein an applicant shall acknowledge with their signature or initials that they understand the requirements of the Hayward Municipal Code with respect to the maintenance and management of the animals that are proposed.

Where the City determines that compliance with such standards is impossible given the characteristics of the site where the animals are kept, then the permit shall be deemed null and void.
(b) Apiaries: An application for a Zoning Conformance Permit for beekeeping shall require noticing of all property owners within one hundred feet of the property where the bees are proposed to be kept. Such notice shall be mailed within five business days of receipt of such application. If the City receives notification and documentation acceptable to the Planning Director (such as a doctor's note) that an individual who is allergic to bees resides within one hundred feet of the property where bees are proposed, the application shall be denied. Such notification and documentation may be received from any person who received an official notice from the City or from any person who can establish that they reside within one hundred feet of the property where bees are proposed to be kept. If no notification is received within thirty calendar days of the mailing of the official notice, and if the application meets all other city design criteria, the permit shall be issued. g. [Reserved.]
Manufactured Housing Regulations. Manufactured housing to be installed on a lot shall have been constructed after July 1, 1976, and shall bear an insignia of approval under the National Mobile Home Construction and Safety Standards Act of 1974 and shall be erected in compliance with the following:

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(1) Shall be attached to a permanent foundation pursuant to Health and Safety Code Section 18551, and shall have all utility connections conform to all requirements of the City's Building, Plumbing, Electrical, and Mechanical Codes.
(2) Shall be a minimum of 20 feet wide.
(3) Shall have a roof constructed of asphaltic, wooden, glass fiber or tile materials. (4) Shall have wood, masonry or stucco siding which will extend to the ground (except when a solid masonry perimeter foundation is used, the siding need only extend to the top of the foundation). (5) Shall have an overhang or eave extending a minimum of 14 inches from the wall. (6) Shall have a floor height no more than 30 inches above the finished grade of the building pad. (7) Shall include a minimum 20-foot-wide garage (interior dimension) and/or landscaping where necessary to make the house compatible with surrounding residential development. (8) Shall conform with Hillside Design and Urban/Wildland Interface Guidelines. h. Outdoor Gatherings.
(1) Permit Required. No outdoor gathering of 275 or more people shall be held unless an administrative use permit has first been obtained.
(2) Outdoor Gathering. Any assembly, music festival, carnival, show, circus, dance, exhibition, lecture, concert, rally, party, celebration, or similar event or activity which is:
(a) Open to the public or to which members of the public are invited or admitted either for a charge or free of cost; and
(b) Held out of doors or other than in a permanent structure that was constructed for the purpose of or constructed so that it can be used for conducting such event or activity; provided, however, that the incidental use of any patio, courtyard, deck, or other area adjacent to and outside a permanent structure (that is authorized as a permitted primary or conditional use) by participants at the event or activity shall be considered use of the permanent structure for the purposes of this provision. (3) Application. An application for an administrative use permit to hold an outdoor gathering shall be submitted to the Planning Director on a form provided for such purpose, setting forth the following:
(a) The location and legal owner of the premises on which the outdoor gathering is to be held; (b) The number of people the applicant will admit to the outdoor gathering, his plans to limit admittance to the outdoor gathering to such number, and the date(s) and times during which the gathering is to be held;
(c) The applicant's plans, including facilities for the handicapped where physically feasible, for provisions of potable water, toilet facilities, solid waste disposal, and if required by the Health Officer of Alameda County, emergency medical treatment; (d) The applicant's plans for provision of parking spaces, including spaces for the handicapped; (e) The applicant's plans for illuminating the premises if any part of the gathering is to be held within one hour before sunset or after dark;
(f) A description of all sound amplification equipment the applicant plans to use and the intensity in decibels at the property line of the premises upon which the gathering is to be held; and

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(g) The applicant's plans for provision of fire control devices and method of vehicular and pedestrian access to and from the gathering.
(4) Permit Issuance. An administrative use permit for an outdoor gathering may be issued if the applicant shows that the following conditions have been met:
(a) The applicant is the owner of the premises on which the gathering is to be held or the owner of the premises has consented to the use of the premises for the outdoor gathering; (b) The Chief of Police has approved the applicant's plans to limit attendance at the outdoor gathering to the number of people set forth in the application, maintain order, and assure compliance with all applicable laws and regulations, including but not limited to, the provisions of this ordinance and the conditions of the permit under which the outdoor gathering is held. The Chief of Police shall approve the applicant's security plans if one security guard, who may be a peace officer or other person acceptable to the Chief of Police, is provided for every 275 persons expected to attend the outdoor gathering and the sole responsibility of such guard(s) is to limit attendance at the outdoor gathering to the number of people set forth in the permit, maintain order, and enforce all laws, regulations, and permit conditions;
(c) The Health Officer of Alameda County has approved the applicant's plans, including facilities for the handicapped where physically feasible, for provisions of potable water, toilet facilities, solid waste disposal, and if required by the Health Officer, emergency medical treatment;
(d) The Traffic Engineer has approved the applicant's plans for provisions of parking spaces, including provision for spaces for the handicapped where physically feasible. The Traffic Engineer shall approve the applicant's plans for the provision of parking if finds that parking spaces are provided for one of each four persons the applicant will admit to the outdoor gathering, safe access to and from such parking spaces is provided, and such parking spaces will be graded, marked, and separated by a physical device from all pedestrians; (e) The Public Works Director has approved the applicant's plans for illuminating the premises upon which the outdoor gathering is planned if any part of the gathering is expected to occur within one hour before sunset or after dark. The Public Works Director shall approve illumination plans that provide for safe lighting equipment which illuminates at the following levels:
(i) Open areas to be used by attendees at 10-foot candle intensity; (ii) Parking and pedestrian access areas at 5-foot candle intensity; and (iii) Toilet facility areas at 50-foot candle intensity; (f) The Planning Director has approved the applicant's plans for any use of sound amplifying equipment. The Planning Director shall approve sound amplification plans that limit noise levels to no more than 60 L dn or CNEL (db) at the property line of the premises or is lawfully used for residential use or abuts property zoned or lawfully used for residential use and no more than 70 L dn or CNEL (db) at the property line of the premises upon which the gathering is to be held, if such premises is neither zoned nor used for residential use nor abuts property that is zoned or used for residential use; provided, however, that the Planning Director shall not approve any sound amplification plans that call for the use of sound amplification equipment between the hours of 10:00 p.m. and 6:00 a.m.; and

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(g) The Fire Chief has approved the applicant's plans for provisions for fire control devices and plan(s) for vehicular and pedestrian ingress and egress to the site, including emergency vehicles.
i. Private Street Criteria. Approval of a private way as a private street (not part of a subdivision or other development project) for the purpose of establishing a street frontage for a lot shall be governed by the following:
(1) Overall, minimum right-of-way shall be 25 feet per the City Standard Design Details, and paved access shall be not less than 10 feet in width for a one-way driveway and 12 feet in width for a two-way driveway. The access may be increased up to 24 feet in width and incorporate a turn- around area, as such is determined to be necessary, giving consideration to traffic volumes, location, land use, and other relevant factors.
(2) The access strip shall be improved to public street standards. Such improvements shall be installed, or the installation shall be guaranteed to the satisfaction of the City, prior to issuance of a building permit for any use fronting on the private street. (3) In the instance that multiple lots are to be served by one private street, the following criteria may apply:
(a) Six or fewer lots require a minimum of a 20-foot wide paved private driveway. (b) Seven or more lots require a minimum of a 24-foot wide paved private street. (c) Six or fewer lots may be served by a hammerhead.
(d) Seven or more lots shall be served by a cul-de-sac. (4) The above requirements may be amended after evaluating the following:
(a) Existing and estimated future volume of traffic.
(b) Existing, proposed, and potential development to be served by access. (c) Adequacy of drainage facilities.
(d) Condition of roadway and provisions for maintenance. (e) Suitability for emergency vehicle access and utility right-of-way. (f) Alignment and grade.
(g) Need for off-street parking or pathway to serve adjacent uses. (5) Before approving a private street, the Planning Commission shall find that:
(a) The private street is physically adequate to provide access for pedestrians and vehicles. (b) There is a right, exclusive or non-exclusive, to use the private street on a permanent basis which is appurtenant to the subject lot(s).
(c) The private access will not conflict with the General Plan. (6) Requests for approval shall be considered by the Planning Commission which shall recommend approval, conditional approval, or denial. Upon review by the Commission, said request shall be then considered by the City Council which shall approve, conditionally approve, or deny said request. The action of City Council is final.
j. Small Recycling Collection Facilities and Unattended Collection Boxes. (1) Purpose and Intent.

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(a) The purpose of the subsection related to facilities accepting recyclable material is to make redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials in accordance with the 1986 California Beverage Container Recycling and Litter Reduction Act of 1986 (Pub. Res. Code § 14500, et seq.).
(b) The purpose of the subsection related to unattended collection boxes is to:
i. Promote community health safety and welfare by regulating the placement of unattended collection boxes for clothing and other salvageable personal property throughout the city;
ii. Recognize that placement of unattended collection boxes in a variety of conveniently accessible locations throughout the city encourages individuals to recycle textile goods rather than placing those items in the waste stream. iii. Ensure that unattended collection boxes and the contents thereof do not pose a hazard or nuisance to pedestrian or vehicular traffic; iv. Ensure that material is not allowed to accumulate outside of the unattended collection boxes where it may be scattered by adverse weather conditions, animal contact, or human activities; and,
v. Establish criteria that avoid attracting vermin, unsightliness and public health or safety hazards or nuisances.
(2) Definitions.
(a) Recyclable Material: Recyclable materials" or "recyclables" are discarded materials that are collected, separated, and processed and that can be used as raw materials in the manufacture of new products. Recyclable materials are collected and treated in a manner different from refuse.
(b) Small Recycling Facility: A center for the collection and/or processing of recyclable materials. Small recycling facilities shall not exceed 500 square feet and shall be incidental to a primary use on the site (i.e. shopping center). Such facilities collect non-hazardous recyclable materials directly from the public by donation, redemption, or purchase. Small recycling facilities generally do not use power-driven processing equipment, except for reverse vending machines, and may include mobile recycling units, bulk reverse vending machines, kiosk type units, and/or unattended containers placed for the donation of recyclable materials (such as aluminum, glass, plastic, and bimetal for recycling). This definition does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
(c) Responsible Party: Responsible Party shall mean the owner of the Unattended Collection Box, the operator of the Unattended Collection Box, and the owner of the property upon which the Unattended Collection Box is placed,
(d) Unattended Collection Box: Unattended collection box shall mean any unstaffed drop-off container, receptacle or similar device that is located on any lot within the city that is used for soliciting and collecting donations of clothing and other salvageable personal property.

This term does not include recycle bins for the collection of recyclable material and

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facilities described in (2)(b) above, or any unattended collection box located within a building.
(3) Permit Issuance.
(a) Reverse vending machine(s) located within commercial buildings, or which are located upon commercial or industrial zoned property within a ½ mile radius of each supermarket which conducts $2 million or more in sales a year, and meet the following criteria are primary uses and do not require permits by the City of Hayward. (i) The reverse vending machine(s) is certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986;
(ii) The reverse vending machine(s) is established in conjunction with a commercial use, community service facility, or industrial use provided the property is in compliance with the zoning, building and fire codes of the City of Hayward; (iii) The reverse vending machine(s) does not obstruct pedestrian or vehicular circulation, including the pathway required for the handicapped access; (iv) The reverse vending machine(s) does not occupy parking spaces required by the primary use;
(v) The reverse vending machine(s) does not occupy more than 50 square feet of floor space per installation, including any protective enclosure, and is no more than 8 feet in height;
(vi) The reverse vending machine(s) is clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;
(vii) The reverse vending machine(s) is maintained in a clean, litter-free condition on a daily basis;
(viii) The operating hours are at least the operating hours of the host use; (ix) The area is illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
(b) An administrative use permit for small recycling facility located in commercial or industrial areas and within a ½ mile radius of each supermarket which conducts $2 million or more in sales a year, shall be issued if the applicant shows that the following conditions have been met:
(i) The small collection facility shall be established in conjunction with an existing commercial use, community service facility, or industrial use which is in compliance with the zoning, building, and fire codes of the City of Hayward; (ii) The small collection facility shall be no greater than 500 square feet and occupy no more than 5 parking spaces not including space that will be periodically needed for removal of materials or exchange of containers; (iii) The small collection facility shall be set back at least 200 feet from any property line adjacent to property developed with residential uses and shall not obstruct pedestrian or vehicular circulation. A smaller separation between a proposed facility and residential uses may be permitted with submittal of a noise study

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and installation of noise reducing equipment, to the satisfaction of the Planning Director or his/her designee;
(iv) The small collection facility shall accept only glass, metals, plastic containers, papers and reusable items, not including motor oil;
(v) The small collection facility shall use no power-driven processing equipment except for reverse vending machines;
(vi) The small collection facility shall be secured from unauthorized entry or removal of material, and a collection schedule shall be posted; (vii) All recyclable materials shall be stored in containers or in the mobile unit vehicle, and materials shall not be left outside of containers when attendant is not present;
(viii) The small collection facility shall be maintained free of litter and any other undesirable materials, and the area about the machines shall be swept and cleared each day. Mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day; (ix) The small collection facility shall not exceed noise levels of 60 DBA as measured at the property line of residentially zoned or occupied property, other sites shall not exceed 70 DBA;
(x) Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between 9:00 a.m. and 7:00 p.m.;
(xi) Containers for the 24-hour donation of materials shall be at least 50 feet from any property zoned or occupied for residential use unless waived by the Planning Director;
(xii) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers;
(xiii) Signs for recycling facilities may be provided as prescribed in Chapter 10, Article 7, Sign Regulations, of the Hayward Municipal Code;
(xiv) The small collection facility shall not impair the landscaping required by the City for any concurrent use;
(xv) No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space shall be provided for the attendant, if needed;
(xvi) Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
(xvii) Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

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aa. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation; bb. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site; cc. The permit shall be reconsidered at the end of 18 months; dd. A reduction in available parking spaces in an established parking facility may then be allowed as follows:
• For a commercial or industrial host use:

No. of Available Parking Spaces Maximum Reduction
0—25 0
26—35 2
36—49 3
59—99 4
100+ 5

• For a community facility host use:

A maximum of five spaces reduction will be allowed when not in conflict with parking needs of the host use.
(xviii) The area is illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;
(c) Unattended Collection Box. A zoning conformance permit is required prior to placement of an unattended collection box on a property that is zoned General Commercial, Neighborhood Commercial, Mission Boulevard Code (MB-CN, MB-NN, MB-CC). An unattended collection box owned, operated and maintained by a currently operating primary or permitted use engaged in the collection of used textiles and that is located on the site of that use shall not require zoning conformance permit approval. However, such box shall meet all other requirements and standards as set forth in this subsection.

Approval of a zoning conformance permit for an unattended collection box shall be contingent upon fulfillment of the following requirements and standards:
(i) Unattended collection boxes shall be placed on a site of an existing primary use that is in compliance with zoning, building and fire code of the City of Hayward. (ii) Unattended collection boxes shall be a minimum distance of 1,000 feet from any other permitted unattended collection box, unless of the following exceptions apply:
a. The unattended collection box owned, operated and maintained by a currently operating primary or permitted use engaged in the collection of used textiles and that is located on the site of that use; or b. The unattended collection box is included on the Inventory of Unattended Collection Boxes referenced in subsection (e)(i) below; or c. The unattended collection box has been approved as second box on the same parcel, pursuant to subsection (x).

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(iii) Unattended collection boxes are prohibited on the site of solely residential development.
(iv) Unattended collection boxes shall be maintained in good condition, free of graffiti, with no structural damage, holes or visible rust. (v) The Responsible Party shall maintain a minimum of twenty feet of area surrounding the unattended collection box free of donated materials, junk, trash and debris or other salvageable personal property placed on the site. (vi) The Responsible Party shall be responsible for abatement and removal of all junk, garbage, trash, debris and other material from the unattended collection box and the immediate twenty feet surrounding the box within 24-hours of written notice from the City of Hayward. If abatement and removal is not accomplished within 24-hours of said notice, the Responsible Party shall be responsible for all costs related to abatement and removal of junk, garbage, trash, debris and other refuse material as defined above. (vii) Unattended collection boxes shall contain the following information in minimum two-inch font visible from the front of each facility: the name, address, telephone number, Internet Web address and email address of the unattended collection box owner and operator; the type of material to be deposited in the box; and, a statement that the collection box is owned by either a for-profit or nonprofit organization. If a nonprofit organization owns the unattended collection box, then the box's front must also display a statement describing the charitable cause that will benefit from the donations. (viii) Unattended collection boxes shall be locked or otherwise secured. (ix) Unattended collection boxes' footprint shall not exceed 25 square feet in size, and shall not be taller than seven feet in height.
(x) No more than one unattended collection box may be placed on a parcel.

However, an operator with an approved box on a site that is in good standing may apply to amend their zoning compliance permit to allow the installation of a second box on the same parcel if the operator demonstrates that daily collection from the permitted unattended collection box fails to provide adequate storage capacity.
(xi) Unattended collection boxes shall not obstruct pedestrian or vehicular circulation and shall not be placed in required parking spaces, setbacks or the public right-of-way as defined in Chapter 10 of the Hayward Municipal Code. (xii) Unattended collection boxes shall be visible from the public right-of way. (xiii) Unattended collection boxes shall be located no further than 10 feet from a continually operating light source of at least one foot candle. (xiv) Unattended collection boxes shall be free of any advertising which is unrelated to the business of the unattended collection box.
(xv) Unattended collection boxes shall remain in the exact location for which a permit was issued and shall not be moved unless the box is replaced with an identical box in the same location or removed from the property. (xvi) The owner or operator of a permitted unattended collection box shall report the total number of tons of material collected within the city limits. Such

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reporting shall be submitted in writing on an annual basis to the City's Utilities and Environmental Services Department. Written reports shall be submitted by March 30 each year for the preceding calendar year.
(d) [Reserved.]
(e) Removal of Unattended Collection Boxes and Liability. If an unattended collection box on private or public property is lacking the requisite permit, the Planning Director or designee shall have the authority to cause the abatement and removal thereof in accordance with the procedures outlined in Chapter 5, Article 7 (Community Preservation and Improvement) of the Hayward Municipal Code.
(f) Nothing in these regulations is intended to diminish or otherwise alter the requirements of any other federal, state or municipal law governing regulation of unattended collection boxes.
k. Fence Regulations for Vacant Properties.
(1) Purpose. The purpose of this section is to set forth design and performance standards for perimeter fencing within required yards of vacant buildings and sites. (a) Vacant buildings and sites provide convenient locations and opportunities for dumping, trespassing and other illegal activities, resulting in public nuisances. (b) Installation of perimeter fencing around vacant buildings and sites discourage potential public nuisances. However, the City must balance the benefit of security and prevention of public nuisances with the aesthetic impact of excessive use of chain link fencing typically utilized to secure vacant property.
(c) The City has an interest in ensuring that highly visible perimeter fencing installed along property frontages of vacant buildings and sites is well-designed, durable, and maintained in good condition to discourage blight and trespassing on such properties and to promote the aesthetic character of the city.
(2) Applicability. These regulations shall apply to all properties that are determined to be vacant as defined in Section 10-1.3500, for a minimum of 30 days. (3) Fencing installed pursuant to this section shall comply with the following standards:
(a) A perimeter fence may be installed around a building or site that is vacant pursuant to Section 10-1.3500, Definitions.
(b) Fencing installed pursuant to this section shall not exceed six feet in height within the required setbacks.
(c) Residential, Commercial, Mission Boulevard Code, Open Space and Public Facilities Districts, except Central City Districts: Fences located along front, corner, or street side yards of properties with any frontage along roadways identified as arterial and collector streets in the City of Hayward General Plan shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, wood-plastic composite, vinyl clad chain link (black or green), fence lace style or Omega style fencing. Fencing around properties fronting roadways identified as local streets in the City of Hayward General Plan and all interior lot line fencing, regardless of location, may be chain link. (d) Central City Districts and Downtown Development Code: Fences located along property lines that front public right-of-way shall be composed of wrought iron, chain link with decorative fence screen, wood picket or rail, fence lace style or Omega style fencing.

Interior lot line fencing that does not front public right-of-way may be chain link.

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(Supp. No. 22, Update 1)

(e) Planned Development (PD) Districts: Fence standards for PD District properties shall be as approved in the PD District. If not specified in the PD District regulations, fence standards for vacant PD zoned properties shall be the same as those of the nearest adjacent zoning district as set forth in c and d above, and f below, as determined by the Planning Director or designee.
(f) Industrial and Other Districts: Chain link perimeter fencing may be placed around all sides of vacant properties, including those fronting public right-of-way. Such fences shall be consistent with the fence placement and height standards set forth in this subsection, unless otherwise permitted by the Planning Director or designee. (g) Alternative fencing materials for all zoning districts may be approved by the Planning Director or designee upon finding that the proposed fence material is not chain link, is durable, well-designed, and enhances the aesthetic character of the City. (4) Maintenance and Performance Standards:
(a) Fencing installed pursuant to this section shall be maintained in good condition and appearance with no structural damage, tearing, fading or visible rust, and shall be free of graffiti.
(b) Fences posts shall be installed in the ground unless the perimeter of the site is paved in which case fence panel stands may be used. Fence panel stands shall be composed of the same material as the fence, structurally sound, and hold fence panels in a fully erect position.
(c) No portion of a temporary fence, including fence panel stands or other posts, shall encroach on City-owned right-of-way, unless permitted by an approved encroachment permit.
(d) No portion of a fence installed pursuant to this section shall impair driver visibility or create a traffic hazard or otherwise violate standards set forth in Hayward Traffic Code, Article 9, Obstructions to Visibility at Intersections.
(e) Fencing standards set forth above shall not apply to safety or emergency fencing installed on a vacant property when conditions on that property cause or constitute an imminent or immediate danger to the health or safety of the public or a significant portion thereof. (5) Appeals of reviewing authority decisions made pursuant to this chapter shall be filed and processed in accordance with Section 10-1.2845, Appeal and Review Process, of this code. (6) Implementation. All owners of vacant property with perimeter fencing that is located within required front, side and rear yards shall have one year from the effective date of these regulations to remove all non-conforming fencing. However, any non-conforming fencing that is structurally damaged, rusting, fading or tearing shall be removed or replaced within 60 days of adoption of this ordinance.
l. Vehicle Parking, Repair, Display, and Storage Requirements. The term "vehicle" as used in this section shall include an automobile or truck (excluding truck tractor or any vehicle exceeding a maximum gross weight limit of 6,000 pounds of gross vehicle weight) recreational vehicle, trailer, boat mounted on trailer, special interest vehicle, or other vehicle referenced in California Vehicle Code section 5051, and other vehicles of similar kind and use. In all zoning districts, use of any kind of vehicle as defined herein for living or sleeping purposes shall be prohibited except within mobile homes within an approved mobile home park and for safe parking operation as described in Section 10-1.2736 (c). (1) Single-Family Residential Uses.

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(Supp. No. 22, Update 1)

(a) Parking and Storage in Front Yards. Vehicles shall be parked in the required front yard only on the paved driveway which provides direct access to the garage from a public street or an approved private street, perpendicular to the street, or on a curved driveway. (b) Parking or Storage in Other Than Front Yards. Parking or storage of vehicles in areas other than the front yard is permitted subject to the following requirements:
(i) No vehicle shall be parked or stored in a required side yard or side-street yard with the following exceptions: recreational vehicles that are not self-propelled, and are less than 6 feet in height, such as a boat, compact trailer tent or similar recreational vehicle can be stored in a required side yard if screened from view from the street by a solid fence.
(ii) Parking or vehicle storage areas shall be paved with asphaltic or Portland Cement concrete and conform to City standards. A secondary driveway which provides access to a recreational vehicle storage area may be constructed with concrete, asphalt, or rock or concrete wheel tracks.
(iii) Open parking or vehicle storage areas located on lots less than 10,000 square feet in area shall not exceed 500 square feet in area (700 square feet for lots 10,000 feet or larger).
(iv) Open or covered parking areas, and garages or carports exceeding 120 square feet in area, shall be located no less than 5 feet from the side or rear property line and shall conform to all other requirements of the Zoning Ordinance and Building Code.
(2) Multi-Family Residential Uses—Prohibited Vehicles. Parking or storage of truck tractors or vehicles that are not self-propelled (trailers, boats mounted on trailers, and other vehicles or equipment of similar kind and use) are prohibited except within designated storage areas approved as part of the site plan review, use permit, planned development or building permit. (3) Display and Sale of Motor Vehicles. Display for sale of one motor vehicle, boat, trailer, motorhome, or other vehicle is permitted as an accessory residential use, provided said vehicle is registered to a person who currently resides on the property. Display for sale of any vehicle on any property not approved for such use is unlawful, and legal action may be taken against the vehicle owner, property owner, or both.
(4) Vehicle and Boat Repair. It shall be unlawful and a public nuisance for any person to engage in, or any property owner to allow to occur, vehicle or boat repair in any residential zone:
(a) Upon any vehicle which is not registered to a current occupant of the premises where the work is being performed; or
(b) Upon more than two (2) vehicles at one time on the same premises or by the same person; or
(c) Outside a fully enclosed structure for uses defined as major automobile repair as defined in Section 10-1.000 of this Ordinance. Minor automobile repair may be performed outside a fully enclosed structure where elapsed time between the beginning and end of the repair does not exceed forty-eight (48) hours. Vehicle painting, other than spot painting, shall not be permitted in residential zones.
m. Food Vendor Permit.
(1) Permit Required.

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(Supp. No. 22, Update 1)

a. No vending of food or food products shall be permitted unless a food vendor's permit has first been obtained.
b. A separate food vendor's permit shall be obtained for each approved location. (2) Permitted Locations. Food Vendors are permitted as specified in Zoning Districts, subject to the permit requirements and standards set forth below. Permits for vendors who are operating at the date of adoption of this regulation, may be renewed pursuant to the provisions of this Section.
(3) Definitions. This Section shall apply to any mobile unit (as defined below) designed or used for the vending of food or food products from a fixed or stationary location on private property. This Section shall not apply to Catering Truck operations as defined in subsection (b) of this Section or Sidewalk Vendors, as defined in Section 6-16.30(B) of the Hayward Municipal Code. a. Approved Location - A site approved by the Planning Director from which a vendor operating from a mobile unit may sell his or her products. b. Mobile Unit - Any trailer, cart, wagon, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, pushed or pulled by hand, towed by a motor vehicle or carried upon or in a motor vehicle or trailer. c. Vending - The business of selling or causing to be sold for cash or consideration of any of the following items: food or food products whether hot, cold, freshly prepared, or packaged, such as hot dogs, sandwiches, and burritos, to be consumed for a meal or snack.

This definition includes an offer for sale. All items sold shall be capable of being consumed on site without preparation or cooking other than done by the vendor. d. Vending Equipment - Tools, umbrellas, and chair for vendor only. No accessory equipment for dining at the site is permitted. Food or food products, etc., related to vending and approved by the Planning Director.
e. Vendor - A person who is in the business of vending or his or her employee(s). (4) Application.
a. An application for food vendor's permit to vend food products shall be submitted to the Planning Director on a form provided for such purpose, accompanied by payment of the fee set by Resolution of the City Council.
b. The application shall include the signature of the owner of the property upon which the applicant proposes to locate his or her mobile unit indicating the property owner's permission to use the site for the purpose set forth in the application. c. In addition to the completed application, the following information shall be submitted on a form acceptable to the Planning Director:
i. Proposed location of a mobile unit plotted on a map drawn to a scale of one- inch equals 20 feet or larger, which indicates the distance to adjacent landscaping, parking stalls, buildings driveways, signs, fences, utility poles, transformers, hydrants, etc., located within 50 feet of the location of the proposed mobile unit.
ii. Plans for provisions to collect and store litter and dispose of it. iii. Scaled drawing or manufacturers information indicating the size of the mobile unit and vending equipment the applicant proposes to use.

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(Supp. No. 22, Update 1)

iv. Location where vendor intends to park personal motor vehicle, location of customer parking spaces, and location where vendor intends to store overnight mobile unit.
v. Description of the nature of the business and the goods to be sold. vi. Any other information deemed necessary by the Planning Director to adequately review the application, for example, photograph or rendering of mobile unit.
(5) Standards. All applications for food vendor's permit shall comply with the following standards:
a. Approved locations for food vending shall not be located within 300 yards of any school. b. All mobile units shall be set back from the public street right-of-way or a private street or driveway. A food vendor shall not locate a mobile unit or vending equipment or merchandise offered for sale in such way as to block or impede or any way hamper pedestrian or vehicular movement or to cause a hazard to any pedestrian or vehicle. c. Mobile units and vending equipment shall be self-supporting and shall not be attached temporarily or permanently to trees, hydrants, utility poles or transformers, or other vertical structures or benches.
d. All mobile units with ventilating equipment shall be located 10 feet away from all buildings unless otherwise approved by the Planning Director.
e. A food vendor shall not sell any food or food products between the hours of 7:00 p.m. and 7:00 a.m. unless otherwise authorized by the Planning Director. f. No food vendor shall use, play or employ any sound, outcry, amplifier, loudspeaker, radio or any other instrument or device for the production of sound where said sound exceeds the background noise levels for adjacent uses.
g. A food vendor shall not store overnight any vending equipment or food products other than in a commissary approved by the Alameda County Department of Environmental Health Services.
h. A food vendor shall not display any signs or similar devices unless approved by the Planning Director. Signs painted on a mobile unit shall be approved by the Planning Director, and any other sign or device(s), for example, flag, pennant, balloon, may be approved at the discretion of the Planning Director if he/she finds that such sign or device does not create a safety hazard or is not aesthetically detrimental or incompatible with surrounding uses. i. Any exterior lighting shall be approved by the Planning Director and shall not create a safety hazard and shall be shielded or deflected away from adjacent properties. j. A food vendor shall maintain his or her approved location in a clean and hazard-free condition. The vendor shall provide at least one 30-gallon garbage container with a swing top nearby the mobile unit for public use and shall pick up all litter generated from his or her operation within a radius of 100 feet of the approved location. A vendor shall empty the garbage container(s) daily, or more often if necessary; disposal of garbage or trash into public trash containers is prohibited.
k. The food vendor at all times shall be in compliance with all regulations of the Health Officer of Alameda County regarding operation of this use and all other applicable rules and regulations.

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(Supp. No. 22, Update 1)

l. Location of a mobile unit and vending equipment shall not reduce the number of parking spaces below which are required for the permitted primary or conditional use. (6) Permit Issuance.
a. A food vendor's permit shall be issued if the applicant satisfies the above standards and the Planning Director finds that said application complies with all pertinent regulations administered by these officials.
b. A food vendor's permit is not transferable and shall be valid for one year from the date of issuance. The Planning Director shall renew said permit for additional periods of one year upon payment of 50 percent of the fee for a new permit if the Planning Director determines that the applicant is then in compliance with all conditions of his or her permit.

Applications for renewal must be submitted 30 days prior to expiration of the current permit to qualify for renewal under the provisions of this Section. (7) Permit Revocation.
a. A food vendor's permit shall be subject to revocation if the conditions of the permit or the regulations set forth or incorporated herein are violated. b. Before taking any action to revoke a permit, the Planning Director shall give notice to the permittee in writing of the proposed revocation, the reasons therefor, and the time and place the permittee will be given an opportunity to show cause to the Planning Director why the permit should not be revoked. The written notice may be served personally upon the permittee or mailed to the permittee at the address shown on the application at least 10 days prior to the date of the hearing. Upon conclusion of the hearing, the Planning Director may revoke the permit upon finding non-compliance with the conditions of the permit or the regulations herein.
c. The Planning Director's decision revoking a permit may be appealed in writing to the Planning Commission stating the reasons why the Planning Director's decision was incorrect. The Planning Commission shall schedule a hearing within 30 days of said appeal, and its decision shall be final. Said appeals shall be filed in the Planning Division. (Amended by Ordinance 17-15 , adopted Nov. 28, 2017; amended by Ordinance 19-10 , adopted June 4, 2019; amended by Ordinance 20-12 , adopted July 14, 2020; Amended by Ordinance 23-08 , § 7, adopted October 17, 2023; Amended by Ordinance 24-01 , adopted Jan. 23, 2024) SEC. 10-1.2736 SPECIAL STANDARDS AND CONDITIONS FOR RESIDENTIAL USES a. Emergency Shelter.
(1) Eligibility Criteria. Emergency shelters are permitted as specified in Zoning Districts, subject to the standards set forth below.
(2) Standards.
a. An emergency shelter shall obtain and maintain in good standing required licenses, permits, and approvals from city, county and state agencies or departments and demonstrate compliance with applicable Building and Fire Codes. b. An emergency shelter shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on-site. c. The emergency shelter shall not exceed 45 beds.

SEC. 10-1.3500 DEFINITIONS

Hayward, California, Municipal Code Created: 2024-03-25 12:42:32 [EST] (Supp. No. 22, Update 1)

d. See Section 10-2.310 for parking requirements.
e. An enclosed or screened client in-take waiting area must be provided within the premises for clients and prospective clients to ensure that public sidewalks or private walkways are not used as queuing or loitering.
f. An emergency shelter shall provide on-site management personnel at all times. g. Emergency shelters shall be prohibited within located 300 feet or more from of one another as measured from property lines.
h. An emergency shelter shall have on-site security during all hours when it is in operation. b. Low Barrier Navigation Center.
(1) Definitions
a. Coordinated Eentry Ssystem. Coordinated Entry System means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(2) Eligibility Criteria. Low Barrier Navigation Centers are permitted as specified in Zoning Districts, subject to the standards set forth below.
(3) Standards. Low Barrier Navigation Centers shall:
a. Offer services to connect people to permanent housing through a services plan that identifies services staffing.
b. Be linked to a Ccoordinated eEntry Ssystem, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.
c. Comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the California Welfare and Institutions Code, as amended.
d. Have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations, as amended.
c. Manufactured Housing Regulations. Manufactured housing to be installed on a lot shall have been constructed after July 1, 1976, and shall bear an insignia of approval under the National Mobile Home Construction and Safety Standards Act of 1974 and shall be erected in compliance with the following:
(1) Shall be attached to a permanent foundation pursuant to Health and Safety Code Section 18551, and shall have all utility connections conform to all requirements of the City's Building, Plumbing, Electrical, and Mechanical Codes.
(2) Shall be a minimum of 20 feet wide.
(3) Shall have a roof constructed of asphaltic, wooden, glass fiber or tile materials. (4) Shall have wood, masonry or stucco siding which will extend to the ground (except when a solid masonry perimeter foundation is used, the siding need only extend to the top of the foundation). (5) Shall have an overhang or eave extending a minimum of 14 inches from the wall.

SEC. 10-1.3500 DEFINITIONS

Hayward, California, Municipal Code Created: 2024-03-25 12:42:32 [EST] (Supp. No. 22, Update 1)

(6) Shall have a floor height no more than 30 inches above the finished grade of the building pad. (7) Shall include a minimum 20-foot-wide garage (interior dimension) and/or landscaping where necessary to make the house compatible with surrounding residential development. (8) Shall conform with Hillside Design and Urban/Wildland Interface Guidelines. d. Safe Parking.
(1) Permit Required. No safe parking operations shall occur unless an Administrative Use Permit has first been obtained.
(2) Definitions.
a. Operable. Operable shall mean that the vehicle is capable of moving or operating on its own power, is not missing any significant component part, and can be driven on and off site without assistance.
(3) Eligibility Criteria. Safe parking operations shall occur on a parcel that meets all of the following requirements.
a. The parcel shall be owned by a tax-exempt organization in compliance with 501(c) of the Federal Revenue and Taxation Code or a public agency.
b. The parcel shall have a minimum of 50 parking spaces or a habitable structure with minimum 10,000 square feet gross floor area.
c. The parcel shall be a minimum of 20,000 square feet. (4) Standards.
a. Safe parking operations shall be used only by Ooperable cars, recreational vehicles (RVs), and vans.
b. Safe parking vehicles shall be located on a paved surface within stripped parking spaces. c. Parked vehicles shall not obstruct drive aisles or otherwise interfere with established circulation patterns on the site. The site shall maintain adequate emergency vehicle access and access to fire protection systems, as determined by the Fire Chief or their designee.
d. Any safe parking participant shall not throw, deposit, discharge, leave, or permit to be thrown, deposited, discharged, or left, any oil, grease, refuse, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, gutter, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private parcel of land in the City.
e. A permanent bathroom facility shall be provided, maintained, and accessible to participants on the site during all safe parking hours. These facilities may be temporary or permanent.
f. Shower and laundry facilities shall be provided, maintained and accessible to participants on the site at least 1 day a week. These facilities may be temporary or permanent. g. Safe parking operations shall not occur between the hours of 10:00 a.m. and 5:00 p.m. unless otherwise authorized by the Planning Director.

SEC. 10-1.3500 DEFINITIONS

Hayward, California, Municipal Code Created: 2024-03-25 12:42:32 [EST] (Supp. No. 22, Update 1)

h. A management plan shall be submitted with the development application. The management plan must address the operation, management, rules, and safety measures for the safe parking operation.
e. Single Room Occupancy (SRO).
(1) Definitions.
a. Partial Bathroom Facility. A partial bathroom facility shall have a toilet and sink. b. Full Bathroom Facility. A full bathroom facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination.
c. Efficiency Kitchen. An efficiency kitchen shall have a sink, food preparation counter, storage cabinets and outlets for countertop appliances. No permanent ovens or cooktops are permitted within an efficiency kitchen.
(2) Eligibility Criteria. SROs are permitted as specified in Zoning Districts, subject to the standards set forth below.
(3) Standards.
a. Each sleeping unit shall be a maximum of 400 square feet. b. Each sleeping unit shall contain a storage closet that is a minimum of 90 cubic feet. The storage closet may be located within or outside of the sleeping unit. c. A sleeping unit may contain either a partial or full bathroom facility. If a full bathroom facility is not provided within all the sleeping units, shared full bathroom facilities shall be provided in conformance with California Plumbing Code.
d. A sleeping unit may contain an efficiency kitchen. If an efficiency kitchen is not provided within all the sleeping units, at least one shared kitchen facility shall be provided per floor. e. Laundry facilities shall be provided in a separate room at the ratio of one washer and dryer for every 20 sleeping units, with at least one washer and dryer per floor. f. An SRO shall have a minimum of 10 square feet of common use open space per sleeping unit or 200 square feet, whichever is greater. Storage rooms, utility closets, laundry rooms, hallways, bathrooms, kitchens, and any other similar space shall not count towards common use open space.
g. See Section 10-2.310 for parking requirements.
h. An SRO shall have 1 short-term bicycle parking space per every 10 sleeping units and 1 long-term bicycle parking space per every 4 sleeping units or the number of short-term and long-term bicycle parking spaces specified in Cal Green, whichever is greater. i. A management plan shall be submitted with the development application. The management plan must address management and operation of the facility, staffing, rental procedures, safety and security of the residents and building maintenance.

SEC. 10-1.2737 DEMOLITION OF EXISTING RESIDENTIAL UNITS. a. A housing development project shall not require the demolition of residential dwelling units unless the project creates at least as many residential dwelling units as will be demolished.

SEC. 10-1.3500 DEFINITIONS

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b. A housing development project shall not require the demolition of occupied or vacant protected units, unless all of the following apply:
(1) The project will replace all existing or demolished protected units. (a) Any protected units shall be considered in determining whether the housing development project satisfies the requirements of Hayward Municipal Code Chapter 10, Article 19 Density Bonus Ordinance or Chapter 10, Article 17 Affordable Housing Ordinance. (b) If a protected unit that is or was subject to a form of rent or price control and that is or was occupied by persons or families above of lower income within the five-year period preceding the development application, the replacement units shall be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years.
(2) The housing development project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years. (3) Any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice, subject to California Government Code Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (4) The developer agrees to provide both of the following to the occupants of any protected units:
(a) Relocation benefits to the occupants of those affordable residential rental units, subject to California Government Code Chapter 16 (commencing with Section 7260) of Division 7 of Title 1. (b) A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent, as defined in Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined in Section 50052.5. c. For purposes of this Section:
(1) "Equivalent size" means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
(2) "Protected units" means any of the following:
(I) Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years.
(II) Residential dwelling units that are or were subject to any form of rent or price control within the past five years.
(III) Residential dwelling units that are or were occupied by lower or very low income households, seniors or persons with disabilities within the past five years. (IV) Residential dwelling units that were withdrawn from rent or lease in accordance with California Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past 10 years.
(Amended by Ordinance 24-01 , adopted Jan. 23, 2024)

SEC. 10-1.3500 DEFINITIONS

Hayward, California, Municipal Code Created: 2024-03-25 12:42:32 [EST] (Supp. No. 22, Update 1)

SEC. 10-1.3500 DEFINITIONS18
SEC. 10-1.3505 GENERAL.

For the purposes hereof certain words and phrases are defined and certain provisions shall be construed as herein set out unless it shall be apparent from their context that a different meaning is intended.

SEC. 10-1.3510 USES AND ACTIVITIES DEFINED.

ABUTS, ABUTTING, ADJACENT. Having a common property line or district line or separated only by a private or public street, alley or easement.

ACCESS. Safe, adequate, usable, and legal ingress or egress to a property or use.

ACCESSORY BUILDING. A detached, subordinate building or structure, the use of which is subordinate, and incidental to a lawfully permitted principal use or main building on the same lot and not used for sleeping quarters.

ACCESSORY USE. A use which is subordinate and incidental in height, bulk, volume and/or use to the lawfully permitted principal use on the same lot, and which does not alter the essential characteristics of said principal use and is in keeping with other uses permitted in the same district. Examples include:
a. A garage, carport, shed, or building for domestic storage; b. A children's playhouse, gazebo, greenhouse, pool or recreation building;

18Section 10-1.3510 amended by Ordinance 11-12, adopted October 11, 2011.

Section 10-1.3500 amended by Ordinance 13-13 , adopted November 19, 2013.

Section 10-1.3500 amended by Ordinance 13-18 , adopted December 17, 2013.

Section 10-1.3500 amended by Ordinance 14-06 , adopted February 4, 2014.

Section 10-1.3510 amended by Ordinance 15-23 , adopted October 13, 2015.

Section 10-1.3510 amended by Ordinance 15-31 , adopted December 1, 2015.

Section 10-1.3500 amended by Ordinance 16-05 , adopted January 19, 2016.

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c. Storage of merchandise normally carried in stock on the same lot with any retail service or business use;
d. Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities; and
e. Off-street parking.

AGRICULTURAL DISTRICT (A). A land use zoning district which preserves agricultural areas until such time as a change in zoning and land use designation occurs and orderly urban development may take place.

AGRICULTURE. The tilling of soil, horticulture, floriculture, viticulture, raising crops, livestock, farming, dairying, animal husbandry, including all uses customarily accessory and incidental thereto; but excluding slaughter houses, fertilizer works, bone yards, commercial feeding of garbage or offal to swine or other animals, or plants for the reduction of animal matter.

AIR TERMINAL DISTRICT (AT). A land use zoning district within which land uses may develop which provide commercial, industrial, and public land uses that are aviation-oriented. See Section 10-1.1900. This District includes the following Subdistricts:
a. Air Terminal—Operations (AT-O)
b. Air Terminal—Industrial Park (AT-IP)
c. Air Terminal—Aviation Commercial (AT-AC)
d. Air Terminal—Commercial (AT-C)
e. Air Terminal—Recreational (AT-R)
f. Air Terminal—Medium Density Residential (AT-RM)
ALLEY. A public way, less than 16 feet in width, but not less than 10 feet in width, which has been dedicated for public use.

ALTERATION. Any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure, or change in the appearance of any building or structure.

AMBULANCE SERVICE. Any business which provides a facility for emergency medical team staff members (EMTs), and which dispatches ambulances for emergency response. Usually located on major arterial streets where there is no detrimental impact to residential areas due to noise and parking.

AMUSEMENT FACILITY. See "RECREATIONAL FACILITY" or "COMMERCIAL AMUSEMENT FACILITY." ANIMAL, EXOTIC. The words "exotic animal" shall mean any animals which are not customarily confined or maintained for domestic or commercial purposes and sometimes are kept as a pet or for display, including pot belly pigs, snakes, reptiles, emus, ostriches, or similar animals, as determined by the Planning Director based on criteria established by the State Department of Fish and Game.

ANIMAL, LIVESTOCK. See "LIVESTOCK."
ANIMAL, POULTRY. The word "poultry" shall mean domesticated birds customarily kept for eggs or meat, including chickens, turkeys, ducks, geese, or similar animals, as determined by the Planning Director.

ANIMAL FANCIER. A person or persons which use a lot, building, structure, enclosure or other premises to house and maintain more than four livestock animals (i.e., horses, goats), or more than four household pets (i.e., dogs or cats) up to 12 maximum, each of which is over the age of four months, for the following purposes:
a. For showing in recognized shows (i.e., horse shows, dog shows, County Fair exhibits), or applicable obedience or field trials.

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b. For working or hunting.
c. For improving the variety or breed with a view to exhibition in shows and trials. d. For household pets.
e. Such activity requires an "Animal Fancier's Permit" from the City Animal Services Bureau. For the purposes hereof, the breeding and sale of a litter of animals kept and maintained as household pets and/or maintained by an animal fancier, shall not be deemed and considered a commercial kennel, provided they are less than one litter per year and litters do not occur every year.

ANIMAL HOSPITAL. Any buildings or portion thereof designed or used for the care, observation or treatment of cats, dogs or other household pets, with incidental boarding. (Also referred to as Veterinary Hospital) ANIMAL, EXOTIC. Any animal, pure or hybrid, which is generally considered a non-domestic pet or livestock, that is poisonous; must be permitted by the State of California; has the propensity to be dangerous or aggressive to humans or other animals, is required to have an "Animal Fancier's Permit" from the City Animal Services Bureau.

ANTENNA. A device for transmitting or receiving radio, television, telecommunication, or any other transmitted signal. Usually mounted on a tower and/or rooftop. (Refer to Article 13, of Chapter 10 of the Hayward Municipal Code, the Antenna and Telecommunications Facilities Ordinance, for regulations of antennas, satellite dishes and telecommunications devices.)
ANTIQUE STORE. A store engaged in the retail sales of goods, primarily works of art, furniture, or decorative objects, having the qualities of age or long existence or indicative of a specific period of craftsmanship and design.

An antique store may include the retail sales of "collectible" items, which are goods typically associated with a hobby (for example, stamps, Kewpie dolls, Roy Rogers memorabilia).

APIARY. The word "apiary" shall mean any premises where bees, hives, and related appliances are located.

See General Regulations Section 10-1.2735.e. "Livestock, Apiaries, and Household Pets" for regulations.

APPLIANCE REPAIR SHOP. An establishment engaged in the servicing and repair of home appliances (washers, dryers, etc.), including electronic appliances (televisions, video cam recorders, stereos, computers, etc.), with all materials and goods maintained within a building.

APPLIANCE STORE. An establishment engaged in the retail sales of home appliances and electronic appliances. These may include but not be limited to washers, dryers, refrigerators, microwave ovens, stoves, televisions, video cam recorders, stereos, cellular phones, beepers, and computers. May include ancillary repair.

ARCHITECTURAL FEATURES. Architectural features include prominent elements on a building such as columns, beams, windows, doors, chimneys, cornices, arches, balconies, etc.

ARCHITECTURAL SERVICE. An office that is occupied by an architect and their support staff and services (i.e., blueprint machine, computers, etc.) Also refer to "ENGINEERING SERVICE" and DRAFTING SERVICE." ART AND ART SUPPLIES STORE. An establishment engaged in the display and retail sales of art (i.e., paintings, sculpture) and art supplies (canvases, paints, easels, frames, etc.) ARTIST'S LOFT. A live and work situation where a resident artisan lives, and displays and sells their work on a non-first floor level.

AUCTION. An establishment engaged in the public sale of commodities and/or property, excluding automobiles, to the highest bidder.

AUTOMOBILE BROKERAGE OFFICE. The business of engaging in, for a commission or fee, bargaining or negotiating between a potential purchaser of a vehicle(s) and another automobile sales establishment(s) for wholesale purchase of a vehicle(s). For purposes of this ordinance, an automobile brokerage office consists of an office with no display or storage of vehicles for sale other than a maximum of two spaces which may serve to

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temporarily store the vehicle(s) which has been already secured for the purchaser of the vehicle(s). May include motorcycles, mopeds or other similar vehicles.

AUTOMOBILE DISMANTLING FACILITY. An establishment engaged in taking apart vehicles for storage, retail, recycling, or wholesale purposes.

AUTOMOBILE PARTS STORE. An establishment engaged in the retail sales of a variety of parts for vehicles of any kind.

AUTOMOBILE RENTAL. An establishment engaged in the rental and leasing of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies, including storage of said vehicles.

AUTOMOBILE REPAIR:
a. Automobile Repair - Minor. Minor automotive servicing and replacement of parts for passenger automobiles and/or motorcycles, usually in the same day. Services include, but are not limited to, engine tune-up, lubrication, and tire, muffler, brake, and electrical. Subject to Outdoor Storage limitations and performance standards within applicable Zoning District. b. Automobile Repair - Major. Repair garages and specialty establishments for motorcycles, and passenger automobiles and trucks of all sizes, such as machine, tire, body and fender, auto glass, radiator, transmission, motor tune-up, vehicle upholstery, and muffler shops. May also include repair of machinery and equipment. Subject to Outdoor Storage limitations and performance standards within applicable Zoning District.
c. Home repair - minor adjustments or the replacement of vehicle parts where such adjustments or replacement may reasonably be expected to be accomplished within a forty-eight (48) hour period. No permit is required for such minor adjustments or replacement. Also see Section 10-1.2735.j. "Vehicle Parking, Repair, Display and Storage Requirements."
AUTOMOBILE SALES. An establishment engaged in the retail sales and services of new and used automobiles, trucks, trailers, motorcycles, mopeds, and recreation vehicles and supplies. See INDUSTRIAL EQUIPMENT SALES AND RENTAL for farm or industrial equipment, machinery, and supplies.

AUTOMOBILE SERVICE STATION. A structure or area primarily designed and used for the retail sale of motor vehicle fuel and lubricants to the public by direct delivery into the user's vehicle and may include incidental motor vehicular services such as tire repair, battery charging, brake adjustment, motor tune-up and washing where no conveyor, blower or steam cleaning device is used. Sale of food, beverages and related items as determined by the Planning Director is permitted in conjunction with an automobile service station within commercial zoning districts.

AUTOMOBILE STORAGE FACILITY. An establishment engaged in the storage of passenger automobiles, passenger trucks, motorcycles, or similar vehicles inside a building. This definition does not include storage of used, inoperative, junked or other vehicles stored for salvage purposes and shall not include the wrecking, dismantling, or repairing of vehicles which is defined as AUTOMOBILE DISMANTLING FACILITY. See also AUTOMOBILE STORAGE YARD for automobile storage outside of a building.

AUTOMOBILE STORAGE YARD. Outside storage of passenger cars and/or trucks of all sizes outside of a building. Does not include auto wrecking or towing yards. Such use shall not include the wrecking, dismantling, or repairing of vehicles which is defined as "AUTOMOBILE DISMANTLING FACILITY." AUTOMOBILE TOWING YARD. An establishment engaged in towing motor vehicles, both local and long distance, and storage of such vehicles inside or outside of a building subject to applicable standards. for indeterminate periods of time. Such use shall not include the wrecking, dismantling, or repairing of vehicles which is defined as "AUTOMOBILE DISMANTLING FACILITY."

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AUTOMOBILE WHOLESALE. A vehicle dealer who is exclusively involved in the sales of vehicles between licensed dealers and does not have any vehicles on-site. If a wholesale dealer does have vehicles on-site, see AUTOMOBILE STORAGE FACILITY if storing vehicles inside of a building or AUTOMOBILE STORAGE YARD if storing vehicles outside of a building.

BANK. See "FINANCIAL INSTITUTION."
BANQUET HALL. An establishment engaged in periodic events such as weddings, dances, and potlucks.

Typically is rented out to private parties and/or special interest groups. Usually includes food preparation and/or serving, and live entertainment or recorded music.

BAR, COCKTAIL LOUNGE. Any on-sale alcohol-related establishment that engages primarily in the sale of alcoholic beverages and where food service, if any, is subordinate or incidental to the sale of alcoholic beverages.

Bars include night clubs, taverns, pubs, cocktail lounges and similar establishments. Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations.

BARBER, BEAUTY SHOP. An establishment where hair is washed, cut, dyed, and/or styled. May include ancillary services such as manicures or pedicures. Does not include massage or tanning services.

BATCH PLANTS. Any operation that involves sorting, crushing, reducing, refining, mixing, packaging or other processing of minerals for intermediate or final consumption.

BEDROOM. An enclosed space in a structure which is designed such that it could be used for sleeping purposes as determined by the Planning Director. A bedroom typically meets the room dimension requirements of the most recent edition of the Uniform Building Code, is not accessed directly from the garage, and has one or more windows.

BICYCLE SHOP. An establishment engaged in the retail sales and/or repair of bicycles. Does not include motorcycles or mopeds.

BOARDING HOME. A building where lodging or meals are provided for compensation for residents not functioning as a common household, usually for compensation.

BOOKSTORE. An establishment engaged in the retail sales of books, either used and/or new. May include a small area for coffee and bakery items (10 percent or less of floor area).

BREWERY. An establishment where malt liquors, wines or cider are manufactured and stored. Tasting may be included as an accessory use, but the brewery cannot operate as a bar. Also see "MICRO-BREWERY." Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

BROADCASTING STUDIO. An establishment where sound or images are transmitted by radio or television to the public.

BUILDABLE AREA. The space remaining on a zoning plot within which a building may be erected after the minimum lot and yard requirements of this Ordinance have been satisfied, notwithstanding all other applicable guidelines and Subdivision Map Act requirements of steeply sloped or unstable areas.

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BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or opening, and which is designed or intended for the shelter, enclosure or protection of persons, animals or property of any kind. Also defined as follows:
a. "Completely enclosed building" means a building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors. b. "Detached or accessory building" means a building separated by at least six feet of space open to the sky from any other building on the same zoning plot.
c. "Existing building" means a building erected prior to the effective date of this title, or one for which a legal building permit has been issued.
d. "Primary building" means a building in which is conducted the primary use of the lot on which it is situated.
e. "Public building" means a building principally occupied by the federal, state, county, or city government, or any political subdivision agency, or instrumentally thereof. f. "Temporary building" means a building not permanently attached to the ground by fixed foundation, piers or substructure.

BUILDING HEIGHT. The vertical distance at any point from the finished grade or existing grade, whichever is lower, to the highest point of the coping of a flat roof, to the top roof line of a mansard roof, or to the midpoint of the highest gable of a pitched or hip roof. Where unusual deviations occur on the existing grade, such as a small swale, the Planning Director may make minor adjustments in the building height envelope to permit reasonable building design consistent with the intent and purpose of the building height standard. Graded area entirely under a building and not visible from the exterior of the building, such as underground garages and basements, shall not be included for purposes of calculating height.

BUILDING MATERIALS (SALES). An establishment engaged in the retail and wholesale sales and storage of building materials such as lumber, masonry products, rock, soil, tile, and other similar materials needed to construct a structure and/or accessory structures and uses (fences, paved areas, retaining walls).

CABARET. Any establishment, event or place where live entertainment is provided by or for any patron or guest, including but not limited to singing, playing music, dancing, performing karaoke, acting, conducting a fashion show, performing pantomime, performing comedy or other act or performance, either as the main purpose for such gathering or as an ancillary activity to some other purpose. Please refer to Chapter 6, Article 2 of this Code for regulations regarding cabarets and to Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

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CAMERA STORE. An establishment engaged in the retail sales of cameras and photographic supplies. May include ancillary repair.

CANNABIS. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties, whether growing or not, including the seeds thereof. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972, and amended by the California Control, Regulate and Tax Adult Use of Marijuana Initiative, and as defined by other applicable state law. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. Cannabis is classified as an agricultural product separately from other agricultural crops.

CANNABIS DELIVERY. The commercial transfer of cannabis or cannabis products to a customer, including medical cannabis or cannabis products, to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code. "Delivery" also includes the use of any technology platform owned and controlled by a Cannabis Business Operator that enables clients or patients to arrange for or facilitate the commercial transfer by a permitted commercial cannabis retail dispensary.

CANOPY. The designated area(s) at a cannabis business, except nurseries and processors, that will contain mature plants at any point in time, as follows. For indoor cultivation, canopy is calculated in square feet and measured using the room boundaries, walls, or ceiling-to-floor partitions of each enclosed area that will contain mature plants at any point in time. If mature plants are being cultivated using a shelving system, the surface area of each level is included in the total canopy calculation.

CARD CLUB. Any building or structure, or any portion of a building or structure, wherein any person or persons are permitted to play a card game in return for a fee, charge, or other compensation. Refer to Chapter 4, Article 3 of the Hayward Municipal Code for regulations.

CARETAKERS QUARTERS. A dwelling unit located on an industrial or commercial property to be used exclusively as living quarters for the caretaker(s) of the subject property.

CARNIVAL. An establishment providing one or more non-coin-operated powered amusement rides, or providing two or more uses such as a tent, a feat of daring, or an exhibition of two or more wild animals except within a public park or zoo, or providing other similar uses.

CARPET/DRAPERY STORE. An establishment engaged in the retail or wholesale sales of carpets and drapes.

Does not include on-site manufacturing.

CARPORT. A permanent roofed structure not completely enclosed on the sides and used for vehicle parking.

CAR WASH. An establishment engaged in the washing of passenger vehicles for a fee.

CATERING FACILITY. An establishment engaged in the preparation of food to be served at an event held off- site, usually at a banquet hall or private facility, and establishments primarily engaged in the preparation of prepared food items in individual servings for off-premise consumption and/or sale by others. Typical uses include caterers, wholesale bakeries, commissary kitchens, and specialty food packaging and/or processing shops.

CATERING TRUCK. A commercially licensed motor vehicle, approved by the Alameda County 111, Department of Environmental Health Services, and the City of Hayward Police Department, from which food and beverages are sold, distributed, or otherwise provided to consumers on private property and which travels from place to place to conduct its operation. Does not include a Food Vendor cart. See Section 10-1.2735.b. for regulations.

CENTRAL BUSINESS DISTRICT (CB). A land use zoning district within which commercial and retail land uses may develop which provide a principal downtown area of regional importance, and several outlying areas of more than neighborhood importance, where concentrations of comparison shopping facilities, financial and business services, and amusement or recreation may be found in quantity. See Section 10-1.1300.

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(Supp. No. 22, Update 1)

CENTRAL CITY DISTRICT (CC). A land use zoning district in the center of the City, within which land uses may develop which promote the development of the downtown. These land uses include business, government, cultural, financial, residential, office, and entertainment uses. See Section 10-1.1500. This District includes the following Subdistricts:
a. Central City—Commercial (CC-C).
b. Central City—Residential (CC-R).
c. Central City—Plaza (CC-P).

CHECK CASHING STORE. An establishment primarily engaged in the cashing of checks for customers who usually do not have a checking account at a bank or other financial institution. Is commonly found in areas with easy access and high visibility.

CHRISTMAS TREE AND PUMPKIN PATCH LOTS. Seasonal establishments engaged in the retail sales of Christmas trees and pumpkins. See Section 10-1.2735.c. for standards.

CITY COUNCIL. The City Council of the City of Hayward, California.

CLOTHING STORE ("APPAREL"). An establishment engaged in the retail sales of new clothing, such as shoes, hats, dresses, shirts, etc. For used clothing, see "THRIFT STORE." COMMERCIAL AMUSEMENT FACILITY. A facility offering entertainment open to the public for a fee or by membership subscription, for example, ticket, door charge, amusement device fee. Said facility shall include, but not be limited to, internet access usage, theaters, arcades (place of business containing five or more amusement devices), billiard parlors, golf courses (including miniature golf), water slides, indoor soccer, batting cages, and bowling facilities. Four (4) or less manually or coin- or token- or slug-operated viewing or electronic or video game machines or other amusement devices (excluding jukeboxes) located in association with other permitted uses and activities such as, but not limited to, taverns, restaurants, book stores, grocery stores, motels, hobby shops or toy stores, music or stereo stores, laundromats, barber or beauty shops, or computer stores shall be considered accessory to the permitted use. Under no circumstance, as a primary, permitted or accessory use, shall any Commercial Amusement Facility be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.)
COMMERCIAL CANNABIS BUSINESS. An entity engaged in the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products for commercial purposes.

COMMERCIAL CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

COMMERCIAL CANNABIS DISTRIBUTION. The procurement, sale, and transport of medical and non-medical adult recreational use cannabis and medical and non-medical adult recreational use cannabis products between commercial cannabis businesses.

COMMERCIAL CANNABIS MANUFACTURING. The production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by mean of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.

COMMERCIAL CANNABIS MANUFACTURING - LEVEL 1. The manufacturing of cannabis products primarily using nonvolatile solvents, or no solvents.

COMMERCIAL CANNABIS MANUFACTURING - LEVEL 2. The manufacturing of cannabis products using volatile solvents For purposes of this section, "volatile solvents" shall include all solvents described in paragraph (3) of subdivision (d) of Section 11362.3 of the Health and Safety Code, as such section may be amended.

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COMMERCIAL CANNABIS MICROBUSINESS. A commercial cannabis business holding a license issued by the State Bureau of Cannabis Control for the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, Level 1 manufacturer, and retailer pursuant to Business and Professions Code sections 26050 and 26070. In order to be defined as a microbusiness, an operator must engage in three of the four listed activities.

COMMERCIAL CANNABIS OPERATOR or OPERATOR. The person or entity that is engaged in the conduct of any commercial medical or non-medical adult recreational cannabis use.

COMMERCIAL CANNABIS RETAIL DISPENSARY. A facility where commercial cannabis or commercial cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical and non-medical adult recreational use cannabis or medical and non-medical adult recreational use cannabis products as part of a retail sale.

COMMERCIAL CANNABIS TESTING LABORATORY. A laboratory, facility, or entity in the state that offers or performs tests of medical cannabis or medical cannabis products and that is both of the following:
(1) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state.
(2) Licensed by the Bureau of Cannabis Control.

COMMERCIAL OFFICE (CO). A land use zoning district within which administrative, professional, businesses and financial office land uses may exist, yet which are not detrimental to the residential use of adjacent properties.

See Section 10-1.1100.

COMMERCIAL RETAIL DISTRICT (BP). A land use zoning district intended to provide for limited retail, service, and office commercial uses which serve the needs of workers within the Industrial Corridor. See Section 10-1.1400.

CONCESSION STAND. A small, ancillary retail use that provides food and beverages to a primary land use.

May include light cooking and heating of food commodities.

CONSIGNMENT STORE. A retail establishment that sells good quality merchandise (for example, clean, not damaged, stained or frayed) that has been provided to the proprietor on a consignment basis as well as new merchandise. Sale of donated or otherwise second-hand merchandise is prohibited.

CONVALESCENT HOMECONVALESCENT FACILITY. A State-licensed facilityn establishment in which nursing, dietary and other personal services are furnished twenty-four (24) hours a day to children, adolescents, adults or elderly persons convalescents, invalids, or the aged who are unable to or no longer want to care for themselves in a more traditional setting. The use may include day programs up to 24-hour care including residential services.

UsesThis may include Also referred to as nursing homes and or intermediate care facilities. Does not include Hospitals, Group Homes, Transitional or Supportive Housing which are defined separately. institutions which care for persons suffering from a mental disorder or communicable disease, or which offers surgery, maternity or other primary treatments.

CONVENIENCE MARKET. A retail food market which is typically less than 2,500 square feet in gross floor area and which caters to customers who buy a small number of items, is typically part of a larger chain or franchise system, often with long hours of operation, and as determined by the Planning Director.

CONSTRUCTION TRAILER. A temporary trailer used as an office, or an office/quarters combination with quarters for one security guard in connection with ongoing construction work associated with new construction of industrial, commercial, or multi-family development. See Section 10-1.2735.b.

CONTRACTOR SERVICES. An establishment providing general contracting and/or building construction services for other uses. This use classification includes general building, plumbing, electrical, air conditioning, carpentry, and other trade contractors.

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COPYING OR REPRODUCTION FACILITY. An establishment which provides printing services to customers.

Typically includes blueprint machines, reproduction machines, paper goods, and binding services (spiral binding, glue binding, stapling, etc.), and may include as an ancillary use, access to the internet. Under no circumstance, as a primary, permitted or accessory use, shall any Copy or Reproduction Service be allowed to operate Simulated Gambling Devices as defined in the City's Municipal Code. (See HMC Chapter 4, Article 16.) COURTYARD. The word "courtyard" shall mean an open unoccupied space bounded on two or more sides by the walls of a building. An inner courtyard is a court entirely within the exterior walls of a building. All other courts are outer courts.

CULTURAL FACILITY. Facilities maintained to develop, promote, or foster the arts, literature or community cohesion. This includes clubhouses, lodge halls, society meeting places, community centers and similar facilities as determined by the Planning Director.

DANCE STUDIO. An establishment where dance classes and dance recitals are performed to recorded music.

DAY CARE CENTER. A facility which provides non-medical care to 15 or more children and/or adults in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. May include pre-schools, infant centers, and extended day care facilities.

DAY CARE HOME. A residence which is occupied and used as such and provides non-medical day care on less than a 24-hour basis to children and/or adults. Day care home must be State-licensed, and may be either one of the following:
a. Small Day Care Home. The use of a residence to provide day care to eight (8) or fewer persons, including any children under the age of 10 years who reside at the home. b. Large Day Care Home. The use of a residence to provide day care to 8—14 persons, including any children under the age of 10 years who reside at the home.

DISTILLERY. An alcoholic beverage sales establishment where distilled spirits are made. Tasting distilled spirits may be included as an accessory use, but the distillery cannot operate as a bar. Please see Section 10-1.2750 "Alcoholic Beverage Outlets" for regulations regarding alcohol.

DISTRICT. A zoning district established under the provisions of the Zoning Ordinance.

DORMITORY. A residence hall providing sleeping units rooms, bathrooms, study and recreation rooms and a common kitchen only for students of a primary school, secondary school or college.

DRAFTING SERVICE. An establishment which performs drafting services such as drawing of site plans or construction drawings of buildings. Is usually accompanied by drafting tables and blueprinting machines. Also refer to "ARCHITECTURAL SERVICE" and "ENGINEERING SERVICE."
DRIVE-IN ESTABLISHMENT. An establishment which accommodates the patrons' and their motor vehicles from which the occupants may watch, purchase or receive goods or services (i.e., a drive-through restaurant, drive-through coffee shop, drive-in theater, drive-up photo finishing, car wash, gas station, mini-mart with gas, automobile lubrication facility, etc.).

DRY CLEANER/LAUNDRY. A dry cleaner/laundry is open to the general public for dry cleaning/laundry purposes. For purposes of this ordinance, a dry cleaner/laundry excludes a dry cleaning/laundry plant which serves solely to dry clean clothing processed for other dry cleaners and not open to the general public.

DWELLING UNIT/RESIDENTIAL UNIT. One or more rooms with a single kitchen, arranged, designed, used, or intended to be used exclusively for permanent living and sleeping purposes by one family as an independent housekeeping unit. Includes Supportive and Transitional Housing as defined in Section 50675.2 (h-i) of California Health and Safety Code, as amended. Other definitions include the following:

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a. Accessory Dwelling Unit: An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. b. Detached Residential Unit: A detached building containing only one dwelling unit. See Section 10-1.200 for requirements.
c. Duplex: A residential building with two attached dwelling units. See Section 10-1.200 for requirements. d. Multi-Unit Residential (4+ attached units): A residential building with four or more attached dwelling units. See Section 10-1.200 for requirements.
e. Townhouse: A Duplex, Triplex, or Multi-Unit Residential (4+ attached units) building for which there is a subdivision map. Townhouse ownership includes the building, the land beneath the building and typically a patio or small yard adjacent to the structure. The remaining land within the development is under common ownership. See Section 10-1.2400 for requirements. f. Triplex: A residential building with three attached dwelling units. See Section 10-1.200 for requirements.
g. Supportive Housing: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
h. Transitional Housing: Buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

EDIBLE CANNABIS PRODUCT. A cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

EDUCATIONAL FACILITY. Facilities maintained to provide instruction to students for the purpose of developing their faculties and powers, and ancillary activities as determined by the Planning Director, and whose other functions are not indicated elsewhere in this ordinance as administrative or conditional uses. May include trade schools, a beauty college, or business college.

EMERGENCY SHELTER. An institution that provides shelter for individuals and families experiencing homelessness with no limitation on the length of stay. Such use may also provide meals and supportive social services.

ENGINEERING SERVICES. An establishment which provides engineering services (i.e., structural calculations, construction drawings, consultation, etc.). Usually includes office and drafting equipment, including blueprint machines. Also refer to "ARCHITECTURAL SERVICES" and "DRAFTING SERVICES." ENVIRONMENTAL DOCUMENT. Information within a written document which evaluates the environmental effects of a proposed project as required by the current City of Hayward and the California Environmental Quality Act (CEQA) environmental review guidelines.

ESTABLISHMENT. A separate place of business having the following characteristics:

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a. The ownership and management of all operations conducted within such establishment is separate and distinct from the ownership and management of operations conducted within other establishment on the same or adjacent site;
b. Direct public access is separate and distinct from direct access to any other business establishment; c. There is no direct public access from within such establishment to any other such establishment.

EQUIPMENT RENTAL SERVICE. An establishment which rents non-industrial machinery and equipment for a fee. May also include minor repair of equipment. See also INDUSTRIAL EQUIPMENT SALES AND RENTAL.

EXTRACTION. A process by which cannabinoids are separated from cannabis plant material through chemical, physical, or any other means.

FABRIC STORE. An establishment which offers such commodities as fabrics, threads, 0and other sewing notions for sale at retail. Usually includes retail sales of sewing machines and craft items (silkscreening equipment, fabric paint, needlepoint materials, ribbons, etc.), and may include classes associated with the use of these commodities.

FACADE. The exterior wall of a building along with its associated windows, entryways, and projections.

FAMILY. One or more persons living together as a single housekeeping unit, as distinguished from a group living in a boarding house, hotel, motel, or group or institutional living quarters such as a group home, day care home, or convalescent home.

FARMER'S MARKET. A periodic event where fresh produce, flowers, and hand made craft items are sold at retail. Typically held in a downtown area, outside.

FENCE. A linear structure constructed or erected to a maximum height of 6 feet unless otherwise provided herein, and which requires permanent location on the ground or is attached to something having location on the ground. Building materials used for a fence may include but are not limited to boards, bricks, wrought iron, chain link, or blocks, and do not include landscaping, such as hedges, bamboo sticks or bushes, and trees.

FENCE, HEIGHT OF. A height measured from ground level (or top of retaining wall) to top of fence. On sloping sites with a stepped fence, height may be measured at the midpoint of each fence section.

FINANCIAL INSTITUTION. An establishment which provides services to meet the financial needs of its customers (i.e., checking account services, mortgage broker services, etc.) Also refer to "CHECK CASHING STORE." FIREARMS SALES. A person or entity engaged in the business of selling, transferring, or leasing; or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm and/or ammunition, either directly or indirectly; and/or engaged in the retail sale of ammunition, as defined in Hayward Municipal Code Section 6-11.01(d).

FLEA MARKET. One or more vendors selling new or used merchandise at retail, within a structure or open air setting where no individual building walls separate uses, or where sales areas are within stalls which are smaller in size than typical retail spaces, and that the character of the business is that typically associated with a flea market, and as determined by the Planning Director.

FLOOD PLAN (FP). A land use zoning district within which land is subject to tidal or flood water inundation.

See Section 10-1.2100.

FLOOR AREA, GROSS. The area included within the surrounding walls of a building or portion thereof, exclusive of vent shaft, eaves, overhangs, atriums, covered entries and courts and any portion of a structure above ground used for parking, parking aisles or loading areas. For residential development, interior parking garages, parking aisles, and loading areas are included in the gross floor area calculation.

FLORAL SHOP. An establishment which provides flowers and floral arrangements at retail. Usually includes refrigeration units to keep flower fresh, and delivery vans.

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(Supp. No. 22, Update 1)